Agenda of Council - Wednesday, 28 January 2026

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

28 January 2026

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 10 December 2025 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

8.1 Development Application statistics - October to December 2025.......................................... 9

8.2 Development Assessment Service Review................................................................................ 14

8.3 UPL fee waiver for Eden Local Aboriginal Land Council's Bundian Way project................ 98

8.4 Investigation of alternative co-mingled recycling processing facilities.............................. 101

8.5 Memorandum of Understanding with Bega Littleton Citizens Exchange.......................... 105

8.6 Reporting of minutes for committees with delegated authority and advisory committees 116

9 Staff Reports – Infrastructure

9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials...................................... 139

9.2 Draft Wolumla Floodplain Risk Management Study and Plan findings.............................. 146

9.3 Bega Valley Local Transport Forum 2 December 2025......................................................... 361

10 Staff Reports – Organisational Services

10.1 Lease Renewal for Tathra Children’s Services Incorporated............................................... 364

10.2 Compulsory acquisition and transfer of residue road - Cobandrah Pty Ltd...................... 373

10.3 Audit, Risk and Improvement Committee Quarterly Report December 2025................. 380

10.4 Code of Meeting Practice........................................................................................................... 385

10.5 Quarterly Budget Review Statement (QBRS) December 2025 (Q2 Review)..................... 429

10.6 Certificate of Investment December 2025.............................................................................. 454

11 Staff Reports - Executive Services

11.1 Snug Cove Maritime Precinct Memorandum of Understanding......................................... 461

11.2 Actions from resolutions of Council - Progress Report......................................................... 469

12 Councillor Reports

13 Rescission/Alteration Motions

14 Notices of Motion

14.1 Thank you to Bega Valley Shire Council staff.......................................................................... 472

15 Questions with Notice

15.1 Cr O'Neil - Update: Parbery Avenue, Bermagui...................................................................... 474

15.2 Cr O'Neil - Cuttagee Bridge design and renewal progress.................................................... 476

15.3 Cr O'Neil - Active Transport Strategy and Long Swamp track, Bermagui.......................... 477

16 Questions without Notice

16.1 Cr Daly - Recovery of materials................................................................................................. 479

17 Confidential Business

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public........................... 483

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

18 Noting of Resolutions from Closed Session

19 Declassification of reports considered previously in Closed Session

Council 28 January 2026

Item 8.1

8.1. Development Application statistics - October to December 2025

This report provides an update on Council’s development application processing timeframes for the period October to December 2025.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the information contained in this report.

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated commentary for the period 1 October to 31 December 2025.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 94.31 days, with the 2025 calendar year net average of 87.86 days. (‘Stop clock’ days is the time taken for the Applicant to provide additional information when requested.)

The average gross DA processing time for this period was 161.01 days (and 161.12 days over the full 2025 calendar year).

These results should be interpreted with caution as processing time varies based on the number and complexity of DAs, as well as resourcing levels during the reporting period.

Background

Development Application processing times (Council data)

	2024 (full year)	2025 Jan-Mar	2025 Apr-Jun	2025 Jul-Sept	2025 Oct-Dec	2025 (full Year)
DAs determined+	343	55	77	73	70	277^!
No of undetermined Applications^@	168 (as at 31 Dec)	182 (as at 31 Mar)	157 (as at 30 Jun)	102 (as at 30 Sept)	113 (as at 31 Dec)	113 (as at 31 Dec)
Average DA processing time (gross)	162.03 days	118.78 days	166.25 days	146.67 days	161.01 days	161.12 days
Average DA processing time (net - ie minus ‘stop clock’ days)*	92.69 days	67.86 days	44.02 days	89.08 days	94.31 days	87.86 days
Estimated cost of construction (approved)	$170,178,307	$15,554.475	$103,903,646	$59,989,385	$70,988,780	$282,528,867

Notes:

- Note: The statistics provided in the below table are based on current Council data and reporting mechanisms and may not completely align with data provided on the NSW Planning Portal and NSW Government’s Council league table.

- + DAs determined does not include Modification Applications.

- *Stop Clock days is the time taken for the Applicant to provide additional information. This time may not be counted as processing time for the purpose of the deemed refusal period as per the Regulations.

^-^@Total number of undetermined applications includes Development Applications and Modification Applications

- ^!information provided here is valid as at the time of running the information report. Some minor variances may occur due to routine maintenance of applications between reporting periods.

Minister’s Statement of Expectations Order 2024

The Environmental Planning and Assessment (Statement of Expectations) Order 2024 came into effect on 1 July 2024. The Minister for Planning and Public Spaces, the Honourable Paul Scully MP, made the order to set the expectation for councils in relation to their performance of a range of planning and development functions under the Environmental Planning and Assessment Act 1979.

For the period of 1 July 2025 to 30 June 2026, the Bega Valley has been set a gross average Lodgement time of 7 days and a gross average DA processing time of 105 days. Staff are continuing to work towards meeting these targets.

NSW Planning League Table

The NSW State Government League Table tracks gross DA assessment timeframes across the state. Information from this data set is provided below.

It is pleasing to note that in December 2025, 85% of development applications assessed met the Minister’s expectations, with the League Table reporting the average assessment time in December was 95 days (gross).

Extract from Council League Table

	April 2025	May 2025	Jun 2025	2024/25 (full year)	Jul 2025	Aug 2025	Sept 2025	Oct 2025	Nov 2025	Dec 2025
DAs assessed	16	30	29	291	23	26	23	27	22	20
Lodgement days	10	13	23	15	11	7	9	9	8	7
Number applications lodged^	13	22	19	266	30	17	24	19	18	22
Average assessment days (gross)	142	146	138	137	111	162	89	148	102	95

^ Number of applications lodged excludes modification applications and review of determination applications

It is important to note that assessment timeframes will continue to fluctuate throughout the year, based on the number and complexity of DAs, as well as resourcing levels during the reporting period. Adjustments will also be noted as legacy applications continue to be determined.

Extract from Council League Table for Dec 2025

The graph below provides time series data from the League Table for the 2024/25 financial year and into the second quarter of 2025/26 financial year. Assessment times continue to improve.

A graph with green and white numbers

AI-generated content may be incorrect.

The Council league table is available online at: https://app.powerbi.com/view?r=eyJrIjoiMTlhNjZhZjItMWU1ZS00ZjE1LWI1YWUtMzY5YmIzYjM2ZjE2IiwidCI6Ijk2ZWY4ODIxLTJhMzktNDcxYy1iODlhLTY3YjA4MzNkZDNiOSJ9

Contributing factors

Council’s ability to meet the new targets depends, in part, on the completeness of the applications received. In order to meet the Lodgement timeframe, incomplete or low quality development applications are being returned and applicants asked to resubmit once they have completed or improved the application. Additionally, a much smaller window of time for applicants to pay their DA fees is required in order to meet the new target. The development professional’s groups has been advised of the changes, however they are likely to result in continued frustration as the impacts are experienced by applicants.

Development Assessment Service Review

Morrison Low Advisory was appointed to undertake an end-to-end review of our development assessment service. The final report is being presented separately in the 28 January 2026 Council business paper.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

Council has provided information on its website and through media enquiries and statements as needed to alert the community to delays in DA assessment timeframes as well as actions applicants and owners can take to streamline the process. This includes the development and distribution of the DA Matrix to guide applicants on what reports and information may be required for different types of development.

Engagement planned

No further engagement is planned as a result of this report, however website content will be updated as required to ensure the community is aware of DA assessment challenges. Further updates to the website will be made over time to provide additional information to support applicants through the DA process.

Financial and Resource Considerations

Providing a development assessment service is a key part of Council’s core business and budget. There are no new financial impacts arising from this report.

Legal /Policy

Providing a development assessment service is a key part of Council’s core business. There are no new legal or policy impacts arising from this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Development Assessment supports the five key themes in the Community Strategic Plan 2042 (2025 Revision):

A. Our community: We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life. We are a resilient and caring community that supports the health and wellbeing of our residents. Our shire is a safe and affordable place to live.

B. Our economy: Our economy is prosperous, diverse and supported by innovative and creative businesses. We have meaningful employment and learning opportunities for people at all stages in life. Our key industries are resilient and strong.

C. Our environment: Our air and water are clean, and our natural environment and rural landscapes are protected. We adapt to and mitigate the effects of climate change. We are leaders in sustainable living and support innovative approaches to resource use and sustainable design principles.

D. Our infrastructure: Our infrastructure meets community needs. Our community has access to quality community assets that support health and wellbeing. Our transport networks support our community to work, learn and socialise.

E. Our civic leadership: Government services have strong organisational practices that deliver services and facilities to meet community needs. We are an informed and engaged community with transparent, consultative and responsive Government services.

Development applications are assessed in accordance with the Bega Valley Local Environmental Plan, Development Control Plan, and state government legislation.

Environment and Climate Change

There are no environment or climate change impacts arising from this report.

Economic

There are no new economic impacts arising from this report.

Development plays a key role in supporting the shire’s economy, creating short term employment and, with commercial development, creating longer term employment opportunities.

Risk

There are no new risks arising from this report.

Social / Cultural

There are no new social or cultural impacts arising from this report. Development assessment enables housing growth and supports a connected and supported community.

Attachments

Nil

Council 28 January 2026

Item 8.2

8.2. Development Assessment Service Review

The independent review of Council’s development assessment service has been completed and the report is now available for Council’s review.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the development assessment service review report, including recommendations, provided at Attachment 1.

2. That Council note the high-level implementation timeframe included in the report, and that staff will develop a detailed implementation plan (roadmap) in early 2026 to address the recommendations.

3. That Council consider budget implications of the recommendations as part of the development of the FY27 budget and Long Term Financial Plan.

Executive Summary

An independent review of Council’s end-to-end development assessment service has been completed by Morrison Low Advisory. The final report is available at Attachment 1.

In summary, the review found that:

· staff were understanding, helpful, could be flexible and created a positive experience for customers

· development application (DA) assessment times have improved from 2024 onward

· most frustration was expressed with the ‘system’ planning staff must work within rather than the staff themselves

· some negative views relate to historical issues that had subsequently been addressed

· planning staff have a high level of awareness of the DA process, challenges and limitations, and have continually improved the process through new and updated policies, procedures and processes.

However, a number of strategic improvements were recommended to further streamline processes, improve customer experience and reduce assessment timeframes.

The review report included a high-level implementation timeframe for the recommendations proposed by the consultant. Staff will now review this in detail and develop a roadmap (recommendation 13 in the review report) to address the recommendations. Importantly, staff engagement in the development of the roadmap is critical to ensuring the success of any improvements or changes.

The roadmap and staff engagement process will also consider:

· the improvements already made or underway while the review was in progress

· the detailed practicalities of implementing the recommendations, including reviewing the recommended timeframe for each action, to ensure DA timeframes are not negatively impacted while systems, structures and procedures are being reviewed and updated.

Once drafted, the roadmap will be workshopped with Councillors prior to finalisation.

Background

Following the Black Summer Bushfires in 2019/20 and the COVID-pandemic, Council experienced a significant increase in the number and complexity of development applications across the shire, coupled with protracted vacancies in the development assessment team exacerbated by a state-wide skills shortage. This resulted in significantly extended DA processing times. Additionally, the requirement for councils to use the NSW Planning Portal in 2020/21 provided new challenges during this time.

At the 16 April 2025 Council meeting, Council resolved to endorse the scope of, and allocate a budget for, an independent review of Council’s end-to-end development assessment service.

32/25

RESOLVED on the motion of Crs Nadin and O'Neil

1. That Council endorses the scope at Attachment 1 for an external review of Council’s development application process.

2. That Council endorses the budget allocation as described in the confidential attachment.

3. That Council authorises the Chief Executive Officer to engage an appropriate consultant following Council’s approved procurement processes.

4. That Council notes a further report will be provided to Council at the conclusion of the review.

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

Against: Crs Allen and Fitzpatrick

Absent: Cr Porter

The report for the 16 April 2025 Council meeting is available on the website at: https://begavalley.infocouncil.biz/Open/2025/04/OC_16042025_AGN_1072_AT_WEB.htm

Morrison Low Advisory was subsequently appointed to undertake the review, following a competitive Request for Quote process.

The objectives of the review were to:

• Assess the efficiency, effectiveness, and equity of current DA systems, processes, resources, and culture.

• Benchmark Council’s performance against similar councils and sector-wide best practices.

• Identify internal and external factors contributing to DA processing delays.

• Evaluate recent improvements and updates to systems and processes.

• Recommend specific actions tailored to Council’s operational context and resourcing levels.

As part of the review, Morrison Low undertook a document review, interviewed all staff involved in the DA assessment process, spoke with Councillors, distributed a survey to development professionals, applicants and owners, and facilitated a workshop with development professionals.

Recent changes to the Environmental Assessment and Planning Act 1979 have been considered in the review, however the report notes:

There is limited clarity on the impact of the changes to the Act, as some will rely on changes to Regulations which haven’t been provided or require work to be completed by the State before the outcomes of that work are known. (Attachment 1, p35)

Additionally, the changes may add further complexity to the planning system (Attachment 1, pp25-26) which could impact Council’s ability to reduce assessment timeframes and implement some of the recommendations.

The recommendations put forward by the consultation are summarised below, ordered by suggested timeframe:

Short term (0-3 months)

· Establish co-design team and confirm roadmap (in progress)

· Finalise and adopt vision and objective

· Rec 13: Develop an implementation roadmap for continuous improvement with oversight at Executive level (in progress)

· Rec 1: Adopt the Seven-Stage Development Assessment model

· Rec 2: Stratify applications into three assessment pathways: Rapid, Standard and Complex

· Rec 3: Revitalise the Development Assessment Panel so that it performs a role of regulating the progress of development applications through Council

Medium term (0-6 months)

· Rec 4: Review the Development Administration Policy and Procedure Framework to reflect best practice and contemporary approaches

· Rec 5: Adopt a new Procedure which aims to send any request for information for standard applications within 25 days of lodgement, and to determine rapid applications within 28 days (or less) of lodgement

· Rec 6: Adopt an Internal Referrals procedure that focuses on streamlining internal referrals so that they provide timely contributions to the request for information and identify conditions of approval as their deliverables within seven days for standard applications

· Rec 7: Implement a strong set of supporting structures and procedures within the development assessment process that supports the recommendations

· Rec 10: Delegations to staff within the teams to be appropriate to ensure independence, oversight and good governance. Team members be given permission to perform their role to their delegation level

· Rec 12: Provide regular internal and external training for all staff involved in the assessment process and ensure good understanding of the assessment process across the organisation

· Rec 14: Implement a process to address historic undetermined development applications within six months

· Rec 15: Embed a customer service ethos within the internal DA assessment stakeholders that creates an accountability for regular communications between Council staff and applicants or owners

Longer term (6-12 months)

· Rec 9: Consider refinements to the Planning and Sustainability structure to support the adopted process

Longer term (12-18 months)

· Rec 8: Prioritise the Review of the Development Control Plan so that the controls are clear, assessment against controls is straightforward, and a pathway is provided for consideration where the controls are not met

· Rec 11: Introduce technology that supports the assessment process and reduces administrative burdens

The full recommendations, including explanatory text, are available on pages 37 to 51 in the report at Attachment 1, along with a high-level recommended implementation timeframe on pages 51-52.

Options

Council can resolve to note the review report and next steps, as recommended. This will allow staff to undertake further analysis of the recommendations and develop a roadmap to step out how the recommendations will be implemented.

Council could also resolve not to implement some or all of the recommendations, which would provide direction to staff on where to focus their efforts.

Community and Stakeholder Engagement

Engagement undertaken

Following the Council resolution from April 2025, Director Community, Environment and Planning met with staff to discuss the intent and objectives of the review.

As part of the review itself, Morrison Low interviewed all staff involved in the DA assessment process, spoke with Councillors, distributed a survey to development professionals, applicants and owners, and facilitated a workshop with development professionals.

More information is available in the review report at Attachment 1.

Staff were kept informed of progress of the review through meetings and emails.

Morrison Low Advisory presented the review findings to staff and Councillors at separate workshops on Wednesday 10 December 2025. The presentation for these workshops is available at Attachment 2 as it provides a high level summary of the report.

The development professionals group and owners/applicants contacted as part of the review have been informed of this Council report and that the review report is attached.

Engagement planned

Staff engagement in the development of the detailed implementation plan (roadmap) is critical to ensuring the success of any improvements or changes. This will be led by the Director Community, Environment and Planning. Any significant workplace change will be subject to a staff consultation process in line with clause 42 of the Local Government (State) Award 2023.

Once drafted, the roadmap will be workshopped with Councillors prior to finalisation.

The development professionals group will be informed of relevant changes as they are implemented, through our usual channels. These include emails and quarterly development professionals forums.

Website content will be updated as required, and media release will be considered for changes that have broad impacts.

Financial and Resource Considerations

Some of the recommended improvements will require a financial investment from Council. Potential budget implications will be provided to Councillors as part of the FY27 budget deliberations.

Legal /Policy

The assessment of development applications is governed by the Environmental Planning and Assessment Act 1979 and is guided by Council’s strategic land use documents, State Environmental Planning Policies, Local Environmental Plan and Development Control Plan.

Council is required to comply with the legislative framework when assessing DAs. The complexity of the planning framework is often not well understood by applicants, particularly those who are not planning professionals.

If any significant workplace changes are proposed as part of the roadmap/implementation process, staff and union consultation will be undertaken in line with clause 42 of the Local Government (State) Award 2023.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Providing an efficient and effective development assessment service is a core function of Council, highlighted in the Delivery Program and annual Operational Plan.

A review of Council’s development assessment processes and systems aligns with the following theme from the Bega Valley Community Strategic Plan 2042 (2025 revision):

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

Environment and Climate Change

The review of Council’s development assessment processes and systems, and any changes resulting from the recommendations, will not impact the environment or climate change.

Impact to the environment and the impacts of climate change are a key consideration during the Planning Proposal or DA assessment stage for individual developments.

Economic

There are no direct economic impacts from the recommendations of the review, however further streamlining the DA assessment process and reducing assessment timeframes will have economic benefits for individual developers and improve facilitation of future development in the shire.

Risk

The review itself was intended to help address risk to Council and the community from protracted assessment timeframes, and ensure we are best placed to meet Ministerial expectations regarding gross development assessment timeframes.

Importantly, while the recommendations are intended to reduce the timeframe for DA assessment, the quality of applications and supporting information submitted by applicants is largely outside of Council’s control and will have a significant impact on our ability to reduce and maintain timeframes. The review report notes that the low number of local planning firms in our area ‘contributes to higher proportions of applications being lodged by professionals who are not qualified planners, such as draftspersons, consulting engineers, surveyors or even private owners themselves’. This can, in turn, increase the gross timeframes for DA assessment.

As the recommendations are implemented, it is likely more DAs will be refused or determined with conditions that applicants are not happy with. This will reduce the assessment timeframes but may result in issues being pushed to post DA rather than being resolved before a consent is issued. This will need to be carefully monitored and managed.

There is a risk that prioritising speed over other considerations will result in more DAs being rejected, errors being made, decisions made that have longer term impacts on Council’s infrastructure, or more DAs being challenged in the Land and Environment Court. The review recommendations have been drafted to minimise and mitigate these risks where possible, and they will all be carefully considered in the development of the roadmap.

The risks of implementing each specific recommendation in the review report will be considered in the development of the roadmap.

Changes to the EP&A Act
It is important to note that there is limited clarity on the recently announced changes to the Environmental Assessment and Planning Act 1979 and until Regulations are updated or the State undertakes further work, the full impact on Council’s DA assessment timeframes and processes is not known.

Additionally, the changes may add further complexity to the planning system which could negate some of the gains made by implementing the recommendations of the review.

Implementation timeframe and resourcing

It is important to note that implementing the recommendations will require input and focus from a number of staff across the organisation. This will need to be carefully balanced with assessment work to ensure DA timeframes are not negatively impacted while systems, structures and procedures are being reviewed and updated.

Social / Cultural

Development assessment enables housing growth and supports a connected and supported community. Undertaking this review of Council’s end-to-end development assessment service, and implementing improvements, will enable Council to better support these outcomes into the future.

Attachments

1 ⇩. Development Assessment Service Review final report

2 ⇩. Development Assessment Service Review presentation

Council 28 January 2026

Item 8.3

8.3. UPL fee waiver for Eden Local Aboriginal Land Council's Bundian Way project

Eden Local Aboriginal Land Council has requested a waiver of the Use of Public Land fee for their Bundian Way project.

Director Community Environment and Planning

Officer’s Recommendation

That Council resolves to waive the use of public land fees for the Eden Local Aboriginal Land Council’s Bundian Way Node 1 project, as outlined in this report, and exhibit this for 28 days as required under the Local Government Act 1993 and if no objections are received progress to implement the waiver.

Executive Summary

Council has received a request from the Eden Local Aboriginal Land Council (Eden LALC) to waive the use of public land (UPL) fee for the use of the foreshore reserve at Cattle Bay to support construction of the Bundian Way Node 1, totalling $1,161.42.

It is possible there may be other UPL fees required for this project. Noting Council’s previous support of this project through its resolution to waive any development assessment and principal certifying authority fees (including contributions), and to minimise administrative burden for staff, Councillors and the Eden LALC, Councillors are being asked to consider a broader UPL fee wavier that would include any and all UPL fees associated with the Bundian Way Node 1 project. It is not yet known if further UPL approvals will be required.

Background

On 16 March 2022, Council resolved to waive any development assessment and principal certifying authority fees, including section 7.11, section 7.12 and section 64 developer contributions for a number of identified projects, including the Bundian Way Node 1. To date there have been no fees associated with this development as the works have been able to be assessed under a Review of Environmental Factors pursuant to Part 5 of the Environmental Planning and Assessment Act 1979.

The current UPL request relates to the use of public land within sections of Cattle Bay Foreshore Reserve and Cocora Beach Reserve to establish a temporary construction zone comprising two (2) material staging areas, each measuring approximately 95 m².

It also includes a proposed aerial operation involving the transportation of twenty-five (25) stepping stones, each weighing approximately 450 kg, to Parcels 35805 and 37533. The works are forecast to be completed within a single day, with aerial operations conducted over an estimated one-hour period.

Based on Council’s adopted fees and charges, this would cost $130.00 for an Application Processing fee and $1,031.42 for the occupancy of the Construction Zone fee, totalling $1,161.42.

It is not yet known if further UPL approvals will be required as part of this project.

Options

Council may choose to waive all current and future UPL fees for this project, waive part of the current and future UPL fees for this project, waive only the fees for the current UPL application, or not make any fee concessions at all.

Community and Stakeholder Engagement

Engagement undertaken

Council has received a request from Eden LALC for Council to waive the use of public land fee for construction of the Bundian Way.

Engagement planned

Pending the Council resolution, the intention to waive the fee outlined in this report will be publicly exhibited for 28 days as per the requirements of the Local Government Act 1993.

The applicant will be informed of Council’s decision, and these provisions if relevant.

Financial and Resource Considerations

The fees charged are in line with Council’s adopted fees and charges and contribute towards the cost of providing the respective services. If Council resolves to waive these fees, it will result in a loss of revenue to Council in accordance with the adopted fees and charges.

The UPL fee for the current request totals $1,161.42. It is unknown if further UPL approvals and fees will be required.

Waiving of fees is a practice Council has undertaken from time to time, particularly to assist those impacted by significant natural disasters including the Tathra and District fires in 2018, the Black Summer bushfires in 2019/20, the Coolagolite bushfire in 2023, and the Cobargo main street rebuild projects undertaken by the Cobargo Community Development Corporation (CCDC).

Fee waivers are reported annually in Council’s Annual Report.

Eden LALC has received grant funding to enable the project to proceed, and has advised Council that the budget is already fully allocated.

Legal /Policy

Use of public land fees have been levied in accordance with Council’s adopted fees and charges.

Under s610E and s610F of the Local Government Act 1993, a Council can waive or reduce fees and charges as long as the intention to waive the fees and charges is exhibited for 28 days.

Section 610E Council may waive or reduce fees

(1) A council may waive payment of, or reduce, a fee (whether expressed as an actual or a maximum amount) in a particular case if the council is satisfied that the case falls within a category of hardship or any other category in respect of which the council has determined payment should be so waived or reduced.

(2) However, a council must not determine a category of cases under this section until it has given public notice of the proposed category in the same way as it is required to give public notice of the amount of a proposed fee under section 610F(2) or (3).

Under s356 of the Local Government Act 1993, Council can grant financial assistance to a person for the purpose of exercising its functions, however, Council must do so by resolution and a proposed recipient who acts for private gain must not receive any benefit pursuant to section 356 ‘until at least 28 days’ public notice of the council’s proposal to pass the necessary resolution has been given.’

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP 2042 (2025 revision):

Theme A: Our community
A connected and vibrant community here people are happy, safe and well

Strategic objective: We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life

Strategy A1: Provide and support opportunities for social interaction, arts and culture, activities and events.

Strategy A2: Respect and promote our cultural heritage and diversity and partner with and acknowledge Traditional Owners and First Nations people.

Theme B: Our economy
A resilient and prosperous economy that supports employment and learning opportunities

Strategic objective: Our economy is prosperous, diverse and supported by innovative and creative businesses

B2: Promote and support opportunities to diversify and grow our economy and provide local jobs.

Environment and Climate Change

There are no environment or climate change impacts associated with the recommendation of this report.

Economic

The Bundian Way is expected to have significant economic impacts for the Eden LALC and broader Eden region, including through tourism and improved economic independence of the Eden LALC and by extension, the broader Aboriginal community.

Risk

Waiving of fees is a practice Council has undertaken from time to time.

There is a risk that if Council provides a fee waiver in this case, it will set a precedent for other organisations to request fee waivers in future.

Social / Cultural

The Bundian Way is expected to have significant social and cultural impacts for the Eden LALC, Aboriginal community and broader Eden region, including knowledge transfer, community understanding and cohesion.

Attachments

Nil

Council 28 January 2026

Item 8.4

8.4. Investigation of alternative co-mingled recycling processing facilities

This report seeks Council’s endorsement to investigate alternative co-mingled recycling facilities and explore preferred contractual arrangements.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Delegate authority to the Chief Executive Officer to investigate alternative facilities for processing Council’s co-mingled recycling and explore preferred contractual arrangements.

2. Note that any draft legal agreement or variation to existing contracts will be presented back to Council for further consideration.

Executive Summary

Delegation is sought from Council to investigate alternative options to process Council’s co-mingled recycling. Under Council’s current contract with Cleanaway Pty Ltd, Council’s recycling is sent to a Sydney based sorting facility as there have been no regionally based facilities since the end of 2022. This presents significant cost and resource implications.

Shoalhaven City Council (SCC) is nearing completion of their Material Recovery Facility (MRF) in South Nowra which will accept and sort co-mingled recycling. They have approached Bega Valley Shire Council to explore contractual arrangements and ascertain our willingness to enter into an agreement with them.

If Council were to enter into an arrangement with SCC for recycling services, it would have significant implications for Council’s current contract with Cleanaway Pty Ltd which is not due to expire until June 2030 with options to extend to 2034.

This report seeks Council endorsement for staff to enter into discussions with Shoalhaven City Council and Cleanaway to determine potential options or variations that could be considered.

Background

Co-mingled recycling is all recycling material collected in yellow lidded recycling bins. Council collects approximately 3500 tonnes per annum under its waste services contract from domestic and commercial sources. Co-mingled recycling is sent to a Material Recovery Facility (MRF) where items are sorted and separated in bulk before being sent to downstream recyclers.

On 11 November 2024, the Chief Executive Officer (CEO) executed Contract 2324-055 Domestic, Commercial and Public Place Waste Collection Services with Cleanaway Pty Ltd for an amount of $22,066,767 (including GST), subject to variations, provisional sums and prime cost items. The contract term is until June 2030, with two options to extend until June 2034.

The contract requires Cleanaway to nominate and manage all contractual relationships with an MRF that sorts all of Council’s co-mingled recycling. The Cleanaway owned and operated Rooty Hill MRF (in Sydney) was nominated in their tender. At the time of tender there were no regionally located MRFs.

On 1 April 2025, Council’s contract representative formally approved the Contractor Nominated Sorting Facility. However, it was noted in the contract correspondence that Council would in future preference facilities that:

· are regionally based, in order support our regional economy and to reduce transport logistics

· demonstrate innovation (current or future) in what materials can be recycled, specifically soft plastics

· prioritise Australian based recyclers of the sorted material

· are lower priced to reduce service costs.

Services commenced on 1 July 2025 under the new contract, and Council’s co-mingled recycling has been transported to the Cleanaway Rooty Hill MRF without incident.

Shoalhaven City Council (SCC) approached Bega Valley Shire Council notifying us that they will soon be commissioning an SCC owned and operated MRF in South Nowra. Their project has progressed significantly, and they expect to be fully commissioned in January/February 2026.

They have indicated that the SCC MRF may meet all of Council’s preferences for a regionally based MRF. In discussions with SCC, they would prefer a Council-to-Council service agreement. Such a contract would be exempt from tendering under the requirements of the Local Government Act 1993. To enact this option a variation to Contract 2324-055 with Cleanaway would be required. A variation would likely change the way operational risks are managed under the contract. This is explained further in the risk section of this report.

Options

Due to the potential impact on service costs, the legal complexity and operational risks, Council resolution is sought to investigate alternative MRFs for processing Council’s co-mingled recycling under delegated authority. This involves exploring potential contractual arrangements with both SCC and Cleanaway Pty Ltd. The outcome of the investigations, specifically any draft agreement with SCC and any draft variations to Contract 2324-055 with Cleanaway Pty Ltd, would be reported back to Council for a determination.

Alternatively, Council may choose not to explore this option, and no further action would be required. Council would continue to send its co-mingled recycling to the Cleanaway Rooty Hill MRF under the current contract with Cleanaway.

Community and Stakeholder Engagement

Changing recycling facility would not impact the service that residents receive. As there will be no noticeable difference, community engagement has not been undertaken and is not proposed.

Engagement undertaken

There has been no formal engagement undertaken to date, other than operational correspondence with SCC to understand their progress on completing the MRF and the potential to enter into a future service arrangement.

Cleanaway is aware that Council has been seeking updates on projects that could impact regional waste services, including the SCC MRF project and that we continue to preference local and regional solutions.

Engagement planned

Should Council resolve to explore options, the CEO will formally engage with SCC and Cleanaway to investigate the alternative arrangements and develop draft contracts and variations for consideration if the alternative arrangements prove viable.

Financial and Resource Considerations

The transport and processing of co-mingled recycling comes at considerable cost under Contract 2324-055. The average volume of co-mingled recycling over the last 3 years is 3,560 tonne per annum. It is estimated to cost more than $900,000 excl GST per annum, subject to exact volumes and CPI based rise and fall.

The transportation distance is also a considerable resource factor. The distance from Bega to the Cleanaway Rooty Hill MRF is 492km one way. The distance from Bega to the SCC MRF is 268km one way.

As Council has not formally sought a variation to Contract 2324-055 or formalised a price offer with SCC, the total cost impact of any alternative arrangements cannot be reported at this time. However, it is Council’s aim to reduce overall service costs.

If Council resolves as per the recommendation of this report, and negotiations with SCC and Cleanaway identify a viable alternative to current arrangements, a further report will be provided to Council including the full cost implications of any proposed changes.

Legal /Policy

A direct Council (BVSC) to Council (SCC) legal agreement (such as a contract) will require a resolution of Council due to its potential value which is likely to exceed the CEO’s standard financial delegations. These types of contracts are explicitly exempt from the tendering requirements of the Local Government Act 1993 Section 55 which states:

Section 55 Requirements for tendering (3) This section does not apply to the following contracts– (c) a contract entered into by a council with another council.

Contract 2324-055 allows for variations by agreement of the parties, and authority has already been delegated to the CEO to manage variations as they arise in the execution of the contract when it was initially awarded.

However, a variation of this kind is likely to have significant cost implications and changes to how risk is assigned in the contract. Due to this and its relationship to a potential Council to Council contract, it is prudent to seek Council resolution to explore alternative arrangements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This proposal is broadly aligned with the Waste Strategy 2025-2035 Resources Not Waste, supporting regionally based waste and recycling solutions.

It is consistent with the Community Strategic Plan 2042 Strategy (2025 revision) C.3. which calls on Council to support innovative approaches to waste minimisation and resource recovery, circular economy and local solutions. It also calls on Council to have well governed financial and strategic management processes to ensure ongoing viability and value for money.

Environment and Climate Change

There is the potential to lower Council’s environmental footprint by reducing the transportation distance to a processing facility. However the downstream offtake markets for sorted and separated recycling is dynamic and complex, and the overall impact of alternative arrangements would be difficult to quantify. For instance, the distance to the SCC MRF may be less, but the material may still be exported internationally or to major national industrial hubs for further processing or recycling. The overall distance a recycled item may travel could remain substantially the same.

Economic

There are general benefits to supporting the regional economy by seeking alternative processing solutions with a regionally based MRF.

Risk

As this report only seeks delegation to investigate and explore options, there are no new risks. If investigations do not lead to an advantageous position for Council including a reduction in service costs, we are not bound to proceed any further.

A full risk assessment would be conducted once the terms of an agreement or variation to existing contracts have been explored.

Under Contract 2324-055 risks are shared between Council and the contractor, under the general principle that individual risks are assigned to the party best able to control them. As this relates to the collection, transport and processing of co-mingled recycling, the majority of risks are assigned to Cleanaway Pty Ltd.

If Council enter into a service agreement or contract with SCC for the processing of co-mingled recycling, some risks under Contract 2324-055 are likely to be transferred to Council. These could include financial, operational and safety risks. Some or all of these risks may be transferred to SCC under a service agreement, but these will require careful negotiation. Further information will be provided to Council in a separate report once negotiations are completed, if Council resolve to proceed with further investigations.

Social / Cultural

The processing of co-mingled recycling is an established form of resource recovery with strong community support for continuation and innovation. It is vital to achieve targets for waste diversion from landfill, circular reuse and economic benefit. Whilst a change in processing facilities is largely an operational matter with no obvious social or cultural considerations there is a community expectation that Council operate in the most financially and environmentally efficient manner. Investigating options demonstrates we are undertaking due diligence and market testing when alternatives become viable.

Attachments

Nil

Council 28 January 2026

Item 8.5

8.5. Memorandum of Understanding with Bega Littleton Citizens Exchange

This report seeks Council approval to enter into a new Memorandum of Understanding with the Bega Littleton Citizens Exchange group to support the exchange program with Littleton, Colorado, United States of America.

Director Community Environment and Planning

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a new Memorandum of Understanding with the Bega Littleton Citizens Exchange group (Attachment 1) to support the exchange program.

Executive Summary

A Memorandum of Understanding (MOU) has been in place between Council and the Bega Littleton Citizens Exchange (BLCE) group since March 2022.

The previous MOU has expired, and a new MOU is proposed to maintain Council’s recognition of, and commitment to, the sister-city relationship between Bega and Littleton, Colorado.

The MOU provides a framework for the ongoing cooperation between Bega Valley Shire Council and the BLCE group and enables Council to support maintenance of fixed assets at Littleton Gardens, Kisses Lagoon and Columbine Gardens, as well as a range of activities during the visit of Littleton delegates and an annual flag raising ceremony.

The MOU also enables Council to make a financial contribution to official visits if/when budget allows, noting there is currently no allocation in the adopted budget.

The proposed new MOU has been endorsed by the BLCE group and is presented to Council for final endorsement prior to execution.

Background

The BLCE group was formed in 1961 to establish the first sister city relationship between Australia and the United States of America and was formed from the friendship of two newspaper editors in the small rural towns of Bega, NSW and Littleton, Colorado.

In the 1950s era the US government, keen to promote the value of a free press, made a documentary about Littleton's newspaper and its editor, Houston Waring. This documentary was viewed by Bega’s newspaper editor, Curly Annabel, who noticed the two towns and their newspapers had a lot in common. At that time, both Bega and Littleton were small rural towns servicing surrounding farms.

Mr Annabel visited Littleton, and this led to the successful establishment of a formal relationship under the Eisenhower government's then-newly introduced People to People program. The first Bega-Littleton Exchange delegates left Bega for Littleton in 1961, and the Sister City Relationship has been active ever since.

In the years ending with 1 and 6, Littleton delegates travel to Bega and visit for 10 days. In years ending with 3 and 8, Bega delegates travel to Littleton for a 10-day visit.

Council has supported the BLCE group with civic ceremonies during the periods when Littleton delegates have visited Bega. Due to budget constraints, in recent years this support has focused on a formal presentation to the elected Council and attendance from the Mayor and a senior Council executive at a civic dinner arranged by the BLCE group. Council also provides a gift for the Bega delegation to present to the City of Littleton on their official visit.

A formal MOU has been in place between Council and the BLCE group since March 2022, although Council actively supported the group for many years before that.

Options

· Options available to Council are to:Delegate to the Chief Executive Officer authority to enter into the MoU provided in Attachment 1. This is the recommended option.

· Delegate to the Chief Executive Officer authority to enter into an MoU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with BLCE group would be required.

· Not enter into a formal MoU arrangement with BLCE group.

Community and Stakeholder Engagement

Engagement undertaken

The development of the proposed MoU has been undertaken in close consultation with the BLCE group and Council staff.

Engagement planned

Should Council resolve to support the MOU, BVSC staff will engage with the BLCE group to formally sign the MOU. It is proposed that the signing ceremony be undertaken on a future Councillor workshop day.

Financial and Resource Considerations

In the years ending with 1 and 6, Littleton delegates travel to Bega and visit for 10 days. During this time, a civic reception and dinner held in Bega will see Council cover the cost of Council representatives, usually the Mayor and a senior Council executive, to attend.

The group has the opportunity to apply for grant funding to assist the running of the event. During the event Council will arrange gifts or certificates for the visiting delegates that will be presented at the civic reception. Council also provides a gift for the Bega delegation to present to the City of Littleton on their official visit, upon request.

Council will, upon request, raise the American Flag on one of the flagpoles located adjacent to the Bega Administration Building on or about 4 July - if that day falls on a weekday and is not within NAIDOC week.

Maintenance of existing fixed assets is included in Council’s annual budget.

Legal /Policy

An MOU is not legally binding but sets out the intent of the parties to work together to achieve a common goal or support a shared aspiration. There are no direct legal or policy implications associated with this proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following goal in the Bega Valley Community Strategic Plan 2042 (2025 revision):

Theme A: Our Community
A connected and vibrant community where people are happy, safe and well

Strategy A.1: Provide and support opportunities for social interaction, arts and culture, activities and events

Strategy A.6: Support our community to build connections and capacity to adapt to challenges

Environment and Climate Change

There are no material environment or climate change implications associated with the proposal.

Economic

There are no material economic implications associated with the proposal.

Risk

Entering into an MOU with a not-for-profit group such as the BLCE group is an activity that Council periodically undertakes and does not introduce any additional organisational risk.

Social / Cultural

The MOU is a positive way to foster and recognise the contribution of the volunteers who have worked to maintain the sister-city relationship over many years.

Attachments

1 ⇩. DRAFT 2025 - 2029 Memorandum of Understanding Bega Valley Shire Council and Bega Littleton Exchange Group

Council 28 January 2026

Item 8.6

8.6. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the adopted minutes for the Affordable Housing Implementation Group for June and September 2025.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note this report and the minutes for the Affordable Housing Implementation Group for June and September 2025.

2. That Council consider a review and update of the Affordable Housing Strategy actions as part of its FY27 budget deliberations.

Executive Summary

This report provides the adopted minutes for the Affordable Housing Implementation Group for June and September 2025.

It is important to note that additional items may have progressed since the most recent meeting minutes were adopted.

At the most recent meeting on 15 December 2025, the AHIG discussed the currency of the Bega Valley Affordable Housing Strategy noting it was adopted in May 2022 and a number of substantial actions have been completed (such as changes to the Bega Valley Local Environmental Plan 2013 to encourage greater housing diversity), while others have not progressed as originally intended (such as the actions relating to STRA for example) for a variety of reasons including delays with state government reviews.

As such, the group strongly recommends a review and update of the actions in the strategy by a suitably qualified consultant is required to ensure staff and AHIG member time is focused on the most appropriate areas. There is no current budget allocation available to undertake this work, however, if Recommendation 2 is supported by Councillors, staff will seek quotes to enable Councillors to consider this as part of the FY27 Delivery Plan and budget.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. Committees were re-established on 9 October 2024 following the 2024 local government election.

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Each committee has guidelines that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice.

The committees, through Council officers, must make their agenda and minutes public, and report meeting minutes to Council periodically once adopted by the relevant committee. Agendas and minutes are published on Council’s website.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

Affordable Housing Implementation Group

Council adopted the Bega Valley Shire Affordable Housing Strategy on 18 May 2022, which provides a framework to respond to housing needs in the Bega Valley Shire to 2040.

An Affordable Housing Implementation Group was subsequently established to help implement and monitor progress of the strategy.

The meeting minutes from June and September are being reported to Council concurrently as they were not able to be adopted by the committee until the November meeting due to attendance numbers being below quorum.

Options

Council could resolve to consider a review and update of the Affordable Housing Strategy actions as part of its FY27 budget deliberations as recommended. This will enable staff to seek quotes to understand the budget implications of this, and enable Councillors to make a future decision in the context of Council priorities for the next financial year.

Alternatively, Council could resolve not to further consider a review of the actions. This would mean the actions and implementation plan stays as is.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

Engagement planned

There are no further engagement requirements associated with the recommendation of this report. Should any of the committees need to recruit additional members to fill vacancies, these will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Meetings of each committee will continue to be held as per the terms of reference.

If Recommendation 2 is supported, staff will seek quotes for a review of the actions in the Affordable Housing Strategy in line with the relevant procurement guidelines.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. A small budget is included in the Operational Plan each year to cover room hire and other meeting costs. There are no additional financial or resource considerations associated with the recommendation of this report.

If Recommendation 2 is supported, the costs of proceeding with a review and update of the actions in the Affordable Housing Strategy will be considered by Councillors as part of FY27 Delivery Plan and budget processes.

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

6.11 We are an informed and engaged community with a transparent, consultative and responsive Council

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

There are no direct environmental or climate change implications associated with the recommendation of this report.

Economic

There are no direct economic implications associated with the recommendation of this report, however supporting the economic independence of the LALCs, ensuring infrastructure, services and programs are accessible, and maintaining and utilising our community assets such as halls, will have broader economic benefits for the community.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Council committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council and to contribute to a more socially and culturally cohesive Bega Valley Shire.

Attachments

1 ⇩. Affordable Housing Implementation Group meeting minutes 16 June 2025

2 ⇩. Affordable Housing Implementation Group meeting minutes 8 September 2025

Council 28 January 2026

Item 9.1

9.1. Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials

This report outlines the results of the evaluation of Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials - supply and installation of temporary road infrastructure; and recommends a preferred contractor be engaged.

Director Infrastructure

Officer’s Recommendation

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

2. That Council accepts the tender from <XXX> in relation to contract for the works described in RFT 2526-005 Merimbula CBD traffic trials, in the amount of <XXX> (including GST), subject to variations, provisional sums and prime cost items.

3. That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations up to the available allocated budget.

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

Executive Summary

The Merimbula CBD Upgrade project comprises three key elements.

Element 1

The first element includes extensive traffic calming measures to implement traffic flow change recommendations from the Merimbula Transport Study Recommendations Report and elements from the Merimbula Transport Study-CBD Landscape Masterplan Assessment.

The traffic calming measures will include the installation of mini roundabouts, signage upgrades, barrier-defined kerb extensions and reconfigured parking.

The implementation of the traffic calming measures aims to improve safety, accessibility and public amenity in the town centre by reconfiguring traffic flow, enhancing pedestrian crossings, reclaiming sections of the road network for community use and activating key civic spaces as per the Merimbula Transport Study recommendations.

This report is focussed on the procurement of works associated with Element 1 of the Merimbula CBD Upgrade project.

Element 2

The second element will be physical upgrades to Hylands Corner which will include installation of the following: (as outlined in a report to Council at the October 2025 Council meeting)

§ Structural foundation for Christmas tree Installation

§ Timber stage platform like the structures surrounding Monaro & Market Street intersection

§ Roof cover of part of the timber stage platform

§ Bollards to the side of the driveway that goes through Hyland’s Corner.

§ Removal of the existing furniture and installation of new furniture.

§ Pavement interaction play space to the central open space area

§ Installation of a digital sign will be progressed by the Merimbula Chamber of Commerce.

Element 3

The third element will be the detailed design of a Merimbula CBD Upgrade Master Plan. This plan will be informed by existing studies, plans and previous consultation outcomes along with stakeholder and technical (engineering, traffic surveillance) feedback received during the implementation of Element 1.

Background

Previous decisions of Council

At the Bega Valley Shire Council meeting on Wednesday 15 November 2023 Council staff recommended:

1. That Council resolve to adopt the Merimbula Transport Study as exhibited with a change in preference for the one-way traffic loop in the Merimbula CBD from option 2 to option 1.

2. That Council do not pursue paid parking or smart parking sensors.

3. That deletion of the proposed additional one-way configuration in Fish Pen.

4. That Council leave traffic in Merimbula Drive as two-way.

5. That Alice Street remain two way, or one-way south bound.

6. That council refine the study plans as needed from time to time.

7. That following endorsement, the final Merimbula Transport Study Context and Recommendations Reports are published on Council’s website, and that those who made a submission during exhibition of documents are advised of Council’s decision on this matter

Tender process

The RFT 2526-005 for Merimbula CBD traffic trials - supply and installation of temporary road infrastructure was released to open market on Monday 10 November 2025 at 10:30am.

At tender close on Wednesday 10 December 2025 at 12pm, 1 submission was received.

The tender evaluation panel assessed this submission against the criteria in the tender evaluation plan, in line with clauses 176 to 178 of the Local Government (General) Regulation 2021 and council’s procurement policies.

Information provided by tenderer within their tender submission, in particular price information, is ‘commercial in confidence’. Accordingly, this information and the details of the tender evaluation are provided in a confidential memorandum, not the public report to council.

Options

1. Council endorses the findings of the tender evaluation panel and enter a contract with the preferred Tenderer. This is the recommended option.

2. Council does not endorse the findings of the tender evaluation panel and Council is required to retender; this will impact the project delivery time and potentially the project budget due to escalation. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

Informing Engagement

There has been significant community and stakeholder engagement undertaken to date to develop a Merimbula Landscape Masterplan, a Transport Study and a Chamber of Commerce led CBD Town Planning Report that have all helped to inform the Merimbula CBD Upgrade project.

SPIIRE CBD Landscape Masterplan

A variety of avenues were used to inform the local community of the draft Landscape Master Plans, the request for community feedback on the drafts and the opportunities for community members to have their say and discuss ideas with the project team. These included.

• Update of the project website with current project information

• Media releases: details of which were published on Bega Valley Shire website, Bega District News, Merimbula News, Eden Magnet, and other media outlets.

• Town specific project bulletins which were distributed amongst traders in each town.

• Local radio and newspaper interviews with project team

• Launch of community survey

• Listening posts held in each town

Project website:

SPIIRE undertook to create and manage a project website to provide a 24/7 window of opportunity for any stakeholder to find out about the project, ask questions, register their details and participate in the project.

Project bulletins:

Town specific project bulletins were distributed amongst traders and in key locations in each town promoting the draft Landscape Master Plans and listening posts to be held in each town, and the opportunities for the community to be involved and discuss, debate and provide feedback regarding the draft Master Plans.

• Listening posts

• Telephone discussions

• Submissions

• Community survey

Merimbula Transport Study

Four stakeholder and community workshops were held during the development of the study which included

· Workshop 1 – Transport for NSW (TfNSW) stakeholders (31 May 2022)

· Workshop 2 – Bega Valley Shire Council stakeholders (2 June 2022)

· Workshop 3 – Merimbula Chamber of Commerce (16 June 2022)

· Workshop 4 – Community members and Access and Inclusion Committee (21 June 2022).

Workshop outcomes are outlined in the following sections and incorporated into the findings of the Context report.

The draft study was informed by stakeholder engagement across a variety of platforms including a community consultation web portal, a Council web portal, public exhibition, and stakeholder and community workshops. Stakeholder groups involved included community members, local transport operators, TfNSW, the Merimbula Chamber of Commerce, Council staff and Councillors. Engagement opportunities were promoted through media releases, web content, formal public exhibition, social media and signage in Merimbula.

Formal public exhibition of the draft study occurred for a period of six weeks from 26 May to 9 July 2023. Notices were placed in Council’s Bega Valley Together newsletter, Council’s website and on Council’s social media channels. A media release was also issued.

During the public exhibition period feedback on the draft study was received via email, letter or online via the ‘Have your Say’ section of Council’s website and an online survey. A total of 136 responses were received through the ‘Have your say’ portal, 5 letters and emails were received from individual respondents, and a response was received from TfNSW.

An ordinary Councillor meeting was held on 15 November 2023 whereby Council resolved to adopt the Merimbula Transport Study.

Merimbula Chamber of Commerce town summit

The need for a Merimbula CBD focused planning workshop arose from the Merimbula town summit held in February 2021. The town summit produced a 10-point action plan whereby the CBD revitalisation and foreshore activation and integration with the town centre were identified as main priorities with the completion of a CBD Masterplan being a critical action to achieve these goals.

The Merimbula CBD planning workshop was held on 21 July 2022 and was attended by approximately 15 key stakeholders from the following organisations:

· Merimbula Chamber of Commerce – committee and members

· Bega Valley Shire Council – Councillors and key staff

· Merimbula Tourism

· Merimbula residents

· Representatives from the Access and Inclusion Committee

· NGH Consulting (facilitator)

· Hansen Partnership (urban planning adviser and co facilitator)

The workshop objectives were to:

· Build on previous work and to agree on our aspirations and objectives for the Merimbula CBD

· Identify the top 3 priority projects that can be activated with existing funding and resources.

· Identify the priority projects that can be activated with additional funding and resources and seek appropriate funding.

· Contribute to a visual outline of priority projects that can inform funding requests and future works.

Merimbula Chamber of Commerce – CBD Town Planning Report

The need for a Merimbula CBD focused planning workshop emanated from the Merimbula Town Summit held in February 2021.The workshop was held on the 21 July 2022 and was attended by approximately 15 key stakeholders from the following organisations:

· Merimbula Chamber of Commerce – Committee and Members

· Bega Valley Shire Council – Councillors and Key Staff

· Merimbula Tourism

· Merimbula residents

· Representatives from the Access and Inclusion Committee

· NGH (Facilitator)

· Hansen Partnership (urban planning adviser and co facilitator)

The workshop clearly identified the following top 3 priority projects that can be activated with in the short, medium and long-term pending additional funding and resources.

1. Hylands Corner upgrade

2. Market Street upgrade

3. Beach Street upgrade

Merimbula CBD Upgrade project engagement

Internal engagement and project planning with key stakeholders has been the focus of this project to date.

Concept proposals for the Element 1 traffic calming measures were presented at the Bega Valley Shire Local Transport Forum (LTF) in October 2025. The LTF includes representatives from TfNSW, the local State Member of Parliament, NSW Police, Bega Valley Shire Councillors and staff.

Engagement planned

An extensive communications and engagement plan for the Merimbula CBD Upgrade project has been developed. The engagement planned with the community will be aligned with Council’s Community Engagement Strategy. The communications and engagement plan identifies proposed engagement methods and techniques.

Financial and Resource Considerations

Project funding has been secured through the following source:

Department of Infrastructure, Transport, Regional Development, Communications and the Arts

Program	Investing in Our Communities Program
Project ID Number	IiOC0365
Grantee	Bega Valley Shire Council
Project	Merimbula CBD Upgrade
Total AG funding	$2,800,000 (GST exclusive)

Item	$ Excl GST
Expenditure Detail
RFT 2526-005 Implementation Contract	See confidential memo
Total Expenditure	See confidential memo
Source of Funds
Investing in Our Communities, (IiOC)	See confidential memo
Total income available	See confidential memo
Total Project Capital Cost	See confidential memo
Total Available Construction Funding	See confidential memo
Project Funding Shortfall	*= total expense – total income*

Legal /Policy

The tender process conducted for RFT 2526-005 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

An Environmental Consultant was engaged by Council to investigate and provide a Review of Environmental Factors (REF) report for the purpose of assessing the potential environmental impacts associated with the Merimbula CBD Upgrade works. This report was completed in September 2025 and then submitted to the BVSC Town Planning team for determination. In November 2025 the BVSC Town Planning confirmed that the REF scope of works satisfies the provisions under Clause 2.73 (3)(a) of State Environmental Planning Policy (Transport and Infrastructure) 2021 and is permitted without consent and as such, constitute an activity as defined by Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

At a state level this project aligns with the priorities and pillars from the NSW Future Transport Strategy 2056

The project also aligns with the following goals of the Bega Valley Community Strategic Plan 2042:

• We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life.

• Our transport networks support our community to work, learn and socialise.

• Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.

This project directly supports implementation of Council’s adopted Local Strategic Planning Statement in relation to the priorities and future directions for transport, town centres and open space, as well as addressing the desired future character statement and vision for Merimbula.

Environment and Climate Change

Implementation of the traffic changes will ideally lead to reduced vehicle volumes in the CBD area, particularly in the CDB environment, and as a result, create a vibrant healthier seaside town. The pedestrianisation and activation of the CBD encourages more physical movement and active transport use reducing emissions and improving air quality. Pedestrian zones allow for more green spaces, trees, and permeable surfaces, reducing the urban heat island effect.

Economic

Awarding this contract will be step forward to revitalising the Merimbula CBD which is predicted to benefit the town’s economy. Pedestrian-friendly areas encourage people to linger, shop, and dine locally. Walkable, attractive streetscapes appeal to tourists seeking leisure and coastal charm which helps to bolster tourism growth. With improved amenity in a CBD area, properties often see higher demand and increased values with developers and investors favouring vibrant and accessible CBDs.

Risk

Accepting the recommended tenderer as recommended in this report mitigates project risks, including delays and funding loss. It ensures the project can commence on schedule, supports compliance with funding milestones, and enables timely project delivery.

Social / Cultural

The intention is that the traffic improvements identified in the Merimbula Transport Study, that are being implemented through this project, will benefit all locals and visitors and improve the amenity of the Merimbula CBD area. This project will help to shift focus towards active transport modes and social and cultural place making. These are central elements of the NSW Government’s Movement and Place Framework which will be key inputs into the shire wide Active Transport Strategy currently under development. The mode share shift from vehicular to active transport modes helps to realise the vision within the Local Strategic Planning Statement for Merimbula.

Attachments

1 . Confidential Memo RFT 2526-005- Merimbula CBD traffic trials (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

Council 28 January 2026

Item 9.2

9.2. Draft Wolumla Floodplain Risk Management Study and Plan findings

The draft Wolumla Floodplain Risk Management Study and Plan findings are now ready for public exhibition.

Director Infrastructure

Officer’s Recommendation

1. That the draft Wolumla Floodplain Risk Management Study and Plan findings be exhibited for a period of not less than 28 days.

2. That a further report be presented to Council for final endorsement of the Wolumla Floodplain Risk Management Study and Plan considering any submissions received.

Executive Summary

The draft Wolumla Floodplain Risk Management Study (FRMS) and Plan (FRMP) findings are now available for public exhibition and comment.

Once finalised and endorsed, the Floodplain Risk Management Study and Plan will form the technical basis and strategic list of actions for mitigation of floodplain risk within the Wolumla Creek catchment to eliminate ad-hoc decision making.

Background

Council has adopted an Affordable Housing Strategy, Residential Land Strategy and Wolumla Structure Plan which outline future directions for residential development within the Wolumla catchment. Council has created capacity for approximately 1,000 new dwellings to be constructed on greenfield sites bordering the existing village.

Council also has some critical infrastructure such as 2 Regional Roads and its Central Waste Facility within the catchment where flood impacts are required to be quantified for future strategic asset planning.

A detailed study of potential impacts of flooding and drainage is required to facilitate residential development in the area and ensure that future residents and public assets are protected from hazards.

The road network within the catchment has also been impacted by flood and storm events occasioning loss of access. Inundation information is required to support future emergency response planning within the catchment.

With the assistance of a grant from the NSW Floodplain Management grant program, Bega Valley Shire Council engaged consultants, Rhelm, to undertake a flood study, a floodplain risk management study (FRMS) and floodplain risk management plan (FRMP) for the Wolumla Creek catchment.

The Wolumla Flood Study endorsed 23 July 2025 formed the initial phase of flood risk assessment to inform the subsequent development of the draft floodplain risk management study and plan for the Wolumla Creek catchment.

A FRMP is the formalisation of management measures identified to address the flood risks identified at the Flood Study stage of the process. A FRMS identifies options to address those risks that form the basis for the considerations and decisions in the FRMP. The FRMS and FRMP are based on a comprehensive and detailed evaluation of all factors that affect, and are affected by, the use of flood prone land. It represents the considered opinion of expert consultants, NSW Government floodplain management officers, Council and the local community on how to best manage flood risk and flood-prone land within the relevant catchment area. It also provides a long-term path for the future development of land.

The draft Wolumla FRMS identified the prima facie options available to manage floodplain risk within the Wolumla Creek catchment. The draft Wolumla FRMP has incorporated the best and most feasible actions following evaluation from the FRMS to address floodplain risk within the catchment.

The completion of a FRMS and FRMP form the penultimate stage towards implementation of a comprehensive floodplain risk management process for the catchment, in accordance with the NSW Floodplain Risk Management Manual, 2023.

Options

The options available to Council are:

1. To publicly exhibit the draft Wolumla Floodplain Risk Management Study and Plan findings.
This is the preferred option, aligns with Council’s Community Engagement Strategy and will assist to validate findings for the endorsement of the Floodplain Risk Management Study and Plan.

2. To not exhibit the draft Wolumla Floodplain Risk Management Study and Plan findings.
This is not the preferred option as it minimises community input, validation and ownership of the draft findings.

3. To develop other options as Council deems suitable for the current project stage.

Community and Stakeholder Engagement

Internal and external stakeholder engagement has occurred in the development of the draft Wolumla Floodplain Risk Management Study and Plan findings in accordance with the IAP2 Participation spectrum and Council’s Engagement Strategy. Similarly, stakeholder engagement was completed during the previous Flood Study phase.

Engagement undertaken

An internal technical working group comprising staff from Assets and Technical Services and Planning and Sustainability provided input into the consultant technical brief. During the initial Wolumla Flood Study public exhibition period, an attempt was made to secure a community representative from within the catchment to support the project without success. Despite a resident indicating an interest during the community survey, they declined to submit a formal application upon receiving the relevant information package.

Staff from Department of Climate Change, Energy and Environment and Water (DCCEEW) as the funding partner representative, also provided technical input to the consultant brief as part of the relevant funding deed requirements and participated in the technical working group meetings.

The initial community engagement and data gathering for the flood study phase occurred 17 May to 2 June 2024 using an online community survey hosted on Council’s website Have Your Say page. A dedicated project webpage was developed and the community engagement period promoted with media releases and social media. Door knocking was also conducted 29 May 2024 to gather additional responses during the initial community engagement period. The flood study was formally exhibited 18 April to 18 May 2025 and finally endorsed 23 July 2025 by Council.

A project overview was also given at the Flood and Coastal Committee meetings held on 25 March 2025 and 20 November 2025.

Engagement planned

Consultation via formal public exhibition and the invitation of public comment is the subject of this report. Community consultation regarding FRMS and FRMP outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Risk Management Manual.A further report will be presented to Council regarding the finalised Floodplain Risk Management Study and Plan after consideration of any submissions at the close of the public exhibition period for final endorsement.

Financial and Resource Considerations

The project has been partly funded at a ratio of 2:1 (State/Council) under the NSW Government Floodplain Risk Management Program to a maximum grant amount of $120,000 excluding GST as managed by the Department of Climate Change, Energy, the Environment and Water (DCCEEW).

Item	$ Excl GST
Expenditure Detail
Wolumla Flood Study and Floodplain Risk Management Plan	$184,690
Total Expenditure	$184,690
Source of Funds
Drainage General Fund	$64,690
NSW Floodplain Management Program	$120,000
Total income available	$184,690
Project Funding Shortfall	$0

Legal /Policy

The project is being undertaken in accordance with the requirements of the NSW Floodplain Risk Management Manual 2023.

The manual was gazetted in June 2023 as the manual relating to the development of flood-liable land for the purposes of section 733 of the Local Government Act 1993. It replaced the former Floodplain development manual (2005).

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual.

Locally, NSW Government policy relating to land use is implemented through Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013.

Part of the typical outcomes of a FRMS and FRMP are a review of structural and non-structural flood mitigation options. Some of the typical non-structural options arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls. The final mix of structural and non-structural options are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s planning Instruments, where necessary.

Council issues planning certificates under Section 10.7 of the Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that apply to the subject land. The properties affected by flood hazards within the Wolumla Creek catchment were identified as part of the Flood Study to allow changes to planning certificates to be made.

There are several properties that do not currently have these flood related planning and development controls. This may occur because they are not flood prone, according to the definitions of the NSW Government’s Flood Prone Land Policy, or no detailed flood mapping has been undertaken in those areas. Some of these properties may have flood related planning and development controls applied after the adoption of the FRMS and FRMP.

Council also has obligations according to the terms and conditions of the grant funding agreement with DCCEEW that include the mandatory use of external consultants, co-publicity, whole-of-government access to the final products and a current handover date of 31 March 2026 for the project deliverables.

S733 of the NSW Local Government Act 1993 affords councils exemption from liability where councils act in good faith and substantially in accordance with the principles contained in the relevant manual.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Completion of the Wolumla Flood Study and Floodplain Risk Management Plan delivers the following action from Council’s adopted Delivery Program 2022-25 - D.1.2.1 Continue Wolumla Flood Study and Floodplain Risk Management Plan.

The completed FRMS and FRMP will form the key technical and policy basis for decision making and implementation of the adopted FRMP. The completed FRMS and FRMP will allow Council to identify and manage the existing, continuing and future flood risk, hydraulic and hazard categories within the Wolumla Creek catchment. The FRMS quantifies options to manage the identified flood risks within the floodplain in a considered and strategic fashion. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address existing and future flood risk and incorporated into relevant key strategic documents. Once adopted, the FRMS and FRMP will provide relevant information for consideration in revising Council’s planning instruments, asset management plans, emergency management plans and Long-Term Financial Plan.

An adopted FRMS and FRMP also allow Council further access to funding for implementation of certain actions identified within the FRMP through the NSW Government Floodplain Management Program upon successful grant application. These grants are typically offered at a ratio of 2:1 NSW Government to Council funding.

Environment and Climate Change

The effect of climate change was considered in the development of the technical brief and draft flood study findings in accordance with the relevant technical requirements as defined by DCCEEW. Sea level rise was not considered since the Wolumla catchment is so far upstream from the ocean boundary for no sea level rise impact to occur as determined during the 2014 Bega and Brogo Rivers Flood Study and subsequent 2018 Bega and Brogo Rivers Floodplain Risk Management Study and Plan projects.

Economic

There are minor positive economic benefits from the completion of the recent Flood Study and current Floodplain Risk Management Study and Plan projects through the consumption of local goods and services during community engagement and public exhibition periods associated with travel, accommodation and venue hire.

The co-ordinated suite of actions and intelligence gained from the Flood Study, FRMS and FRMP projects are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community.

Risk

The adopted FRMS and FRMP and the implementation of the identified actions will allow Council and the community to manage its existing, continuing and future flood risk.

The Wolumla Floodplain Risk Management Study and Plan will allow Council to identify a co-ordinated set of measures to manage flood risk within the catchment. The development and implementation of a Floodplain Risk Management Plan eliminates ad-hoc decision making that may magnify residual flood risk within the catchment.

A lack of community engagement on the draft Floodplain Risk Management Study and Plan findings may lead to sub-optimal outcomes for the project and community of interest.

Placing the draft FRMS and FRMP on exhibition for public comment is consistent with Council’s adopted Community Engagement Strategy and is a requirement of the floodplain risk management process. This consultation process ensures that the outcomes incorporate the views of the community. Any submissions made during the public exhibition period will be considered in the finalisation of the FRMS and FRMP.

Council has existing commitments according to the terms and conditions of the grant funding agreement with DCCEEW. Delays in finalisation of the FRMS an FRMP may lead a breach of the agreement that could jeopardise the success of future floodplain risk management grant applications.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of NSW. Transport and communication infrastructure are often located in floodplains which, as generally the more fertile areas, are a base for a significant proportion of NSW agricultural activity and home to a large proportion of the NSW population. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices, as well as affecting property and potentially leading to loss of life. Therefore, development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The findings, recommendations and implementation of the adopted FRMP will form the technical and policy basis for the management of social, cultural and economic impacts.

The suite of measures identified during the FRMS and FRMP project will minimise the financial and social disruption to the local community as a result of significant flood/storm events as the risk management actions are implemented.

Attachments

1 ⇩. Draft Wolumla Floodplain Risk Management Plan for public exhibition

2 ⇩. Draft Wolumla Floodplain Risk Management Study for public exhibition

3 ⇩. Draft Wolumla Floodplain Risk Management Study and Plan Map Compendium for public exhibition

Council 28 January 2026

Item 9.3

9.3. Bega Valley Local Transport Forum 2 December 2025

This report provides the recommendations of the Bega Valley Local Transport Forum (LTF) meeting held on 2 December 2025.

Director Infrastructure

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTF meeting held on 2 December 2025 as outlined below:

Camel Rock Carpark and Pedestrian

1. Proceed with the installation of ‘Drive to Conditions’ or pedestrian warning signage on Camel Rock Road.

2. Advise the concerned resident, as per written advice issued to the customer on 17 November 2025, if they wish to have the speed zone reviewed they would be required to submit a request using the Transport for NSW (TfNSW) portal: https://www.transport.nsw.gov.au/roadsafety/topics-tips/speeding/have-your-say/speed-limits-have-your-say

Executive Summary

The LTF is an advisory body incorporating technical review and is not a decision-making committee of Council. LTFs operate under delegation from TfNSW who are responsible for traffic management on all NSW roads. Their role is to advise Council on traffic management matters that relate to prescribed traffic control devices or traffic management facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from the LTF prior to action being taken.

Background

The following submission for Council action was received at the LTF meeting held 2 December 2025:

Camel Rock Carpark and Pedestrian

A concerned resident has raised safety issues regarding the sealing of the road, noting that a sealed surface may lead to higher vehicle speeds and increase the risk of pedestrian injuries. The road is frequently used by walkers, with pedestrian activity significantly increasing during holiday periods when families from nearby holiday homes access the beach.

They also noted that the road currently lacks speed limit signage. Given that Wallaga Lake Road is signposted at 60 km/h in this area, there is concern that drivers may assume the same speed applies to the Camel Rock Carpark and Road.

The resident has requested that the Local Transport Forum urgently consider installing a reduced speed limit—suggested at 25 km/h or lower—along with pedestrian warning signs at both ends of the road to improve safety.

Options

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

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

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

Community and Stakeholder Engagement

Engagement undertaken

BVSC Assets Coordinator has been in discussion with various staff and community members.

Engagement planned

The presentation of this report to Council and the notification of outcomes to relevant stakeholders are the remaining engagement activities planned.

Financial and Resource Considerations

The financial and resource considerations associated with this report from the above signage request will be delivered through the adopted works maintenance budget.

Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards via the LTF delegation from TfNSW.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations are in line with our road and reserve management policies. The inherent risks associated with the events are mitigated by adherence to the agreed Traffic Guidance Schemes and the stipulations made by the LTF.

Environment and Climate Change

There are no environmental impacts or climate change implications associated with this report.

Economic

There are no economic impacts associated with this report.

Risk

There is a mitigation of traffic and public safety risk by implementing the actions recommended by the LTF.

Social / Cultural

There are no social/cultural impacts associated with this report.

Attachments

Nil

Council 28 January 2026

Item 10.1

10.1. Lease Renewal for Tathra Children’s Services Incorporated

The lease agreement for Tathra Children’s Services Incorporated to occupy Council-owned community land (part Lot 1 DP 1125988 at Tathra) for the purpose of a preschool is due for renewal. Council approval is therefore being sought to enter into a new tenure arrangement.

Director Organisational Services

Officer’s Recommendation

1. That Council approve a further five-year lease to Tathra Children’s Services Incorporated over part Lot 1 DP 1125988 at Tathra for the purpose of a preschool, at a commencing annual rental fee of $1,432.32 plus GST and CPI, to be increased annually by CPI.

2. That Tathra Children’s Services Incorporated be responsible for payment of Council’s or its solicitors’ costs associated with the preparation and registration of the lease.

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

Executive Summary

The lease agreement for Tathra Children’s Services Incorporated to occupy Council-owned community land (part Lot 1 DP 1125988 at Tathra) for use as a preschool expired on 31 December 2025. Council approval is now sought to enter into a new five-year lease arrangement.

Background

Council resolved at its Ordinary Meeting of 16 December 2020, when considering land matters associated with Tathra Lawrence Park and Preschool as follows:

1. That Council receive and note the report.

2. That Council approve a further five (5) year lease to Tathra Children’s Services Incorporated over part Lot 1 DP 1125988 at Tathra for the purpose of a preschool, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3. That Tathra Children’s Services Incorporated be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

4. That the Mayor and/or General Manager be authorised to execute the necessary documentation to formalise the above course of action.

Following the Council resolution, a market rental valuation set the annual market rent at $6,400 plus GST and outgoings. In accordance with Council’s Procedure 4.10.4 Rental Assessment and Rebate, Tathra Children’s Services Incorporated received an 83% rebate, resulting in a five-year lease with a current annual rental fee of $1,432.32 after the rebate and annual CPI increases. This lease expired on 31 December 2025. Council officers have confirmed with representatives of Tathra Children’s Services Incorporated that they wish to renew the lease for a further term.

Options

The options available to Councillors are:

1. Approve a further five-year lease to Tathra Children’s Services Incorporated for their continued occupation of part Lot 1 DP 1125988 at Tathra for a continued annual rental of $1,432.32 increased annually by CPI. Recommended.

2. Approve a further five-year lease to Tathra Children’s Services Incorporated for their continued occupation of part Lot 1 DP 1125988 at Tathra, at an annual rental determined by formal market valuation, less the rental rebate.

Community and Stakeholder Engagement

Engagement undertaken

Property Officers have consulted with representatives from Tathra Children’s Services Incorporated who have indicated they wish to continue with their occupation of the site for use as a preschool.

Engagement planned

As Council officers intend to issue five years tenure, in accordance with the provisions of section 47A of the Local Government Act 1993 (NSW) (LG Act) if Council agrees to grant a lease, in respect of community land for a period of 5 years, it must:

· Give public notice of the proposal (including on the council’s website), and

· Exhibit notice of the proposal on the land to which the proposal relates

· Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

· Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Financial and Resource Considerations

A market rental valuation was obtained from Opteon in February 2021. As Tathra Children’s Services Incorporated has again been assessed as eligible for an 83% rental rebate under Council’s rental rebate application, Council officers do not consider it necessary or beneficial to obtain a further market valuation at this time. The current annual rental of $1,432.32 per annum (subject to annual CPI increases) remains appropriate for this land-only arrangement. Proceeding on this basis avoids unnecessary expenditure and administrative effort, given that the rebate outcome remains unchanged.

For reference, Opteon has provided indicative quotes for a new market rental valuation:

· Desktop assessment: $1,100 (inclusive of GST), with completion by late January 2026

· Kerbside/external inspection: $1,650 (inclusive of GST), with completion by mid-February 2026

Given the cost and timing, and the fact that the rebate assessment remains unchanged, it is recommended that the lease proceed at the current annual rental.

Preparation of the lease renewal documentation and ongoing lease management throughout the term will require Council officer time, and registration of the lease will require engagement of legal representatives.

Legal /Policy

Under Section 53 of the Real Property Act 1900 (NSW), leases exceeding three years must be in the approved form, and Section 42(1)(d) requires such leases to be registered on title. Lot 1 DP 1125988, part of Lawrence Park, is Council-owned community land held in fee simple since 1976 and converted to Torrens title in 2011. However, the land remains limited title, and boundaries have not been formally investigated, making survey work more complex.

As the building is owned by Tathra Children’s Services Incorporated, a premises lease is not preferred, as it would imply Council ownership of the building. The market rental valuation has been based on land only.

Council officers investigated subdividing the land to enable a long-term land-only tenure for Tathra Children’s Services Incorporated back in 2020. However, subdivision would require a development application, full survey, and a bushfire assessment, with estimated costs exceeding $7,900 (plus bushfire report costs). As the preschool is a Special Fire Protection facility, further upgrades and compliance measures would likely be triggered, making subdivision financially unviable.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Delivery Program 2025-2029 identifies as core business the oversight of leases and licences for Council-owned land and buildings.

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

Environment and Climate Change

The proposed lease is not expected to have significant environmental impacts, as use remains within the existing building footprint and permitted activities.

Economic

The lease agreement to Tathra Children’s Services Incorporated provides an economic benefit to Council and the community.

Risk

Council has identified regulatory and statutory compliance, along with workforce and public safety, as strategic risks. The increasing complexity and cost associated with navigating multiple and evolving regulatory frameworks continues to present a significant challenge. This risk is mitigated by ensuring that third-party use of Council-owned and managed land is formalised through appropriate tenure arrangements including indemnity and insurance provisions.

Social / Cultural

Tathra Children’s Services Incorporated is registered as a charity with the Australian Charities and Not-For-Profits Commission and provides a much needed and well utilised service to those in the Tathra and surrounding areas.

The building and surrounding grounds has been substantially upgraded and maintained by Tathra Children’s Services Incorporated over many years.

The benefits of participation in quality early childhood education for children, families and the community are widely documented.

The requirement for strict accreditation and licensing to operate such facilities is not widely available and the Tathra Children’s Services Incorporated has successful provided a high-level service for some 20 plus years.

Attachments

1 ⇩. Council report dated 16 December 2020 - Land matters associated with Tathra Lawrence Park and Preschool

Council 28 January 2026

Item 10.2

10.2. Compulsory acquisition and transfer of residue road - Cobandrah Pty Ltd

This report seeks Council approval to proceed with the compulsory acquisition and classification of identified road parcels to rectify historical road alignment encroachments and enable their transfer to Cobandrah Pty Ltd, in accordance with statutory requirements and prior Council resolutions.

Director Organisational Services

Officer’s Recommendation

1. That Council proceed with the compulsory acquisition of the land described as Lots 11, 12 and 13 in DP 1312022 for the purpose of road realignment in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. That Council make an application to the Minister and the Governor for approval to acquire Lots 11, 12 and 13 in DP 1312022 by compulsory process under section 186(1) of the Local Government Act 1993.

3. Where the public road proposed for acquisition is an unformed council road, acquisition of the road would result in the land reverting to the Crown as Crown land. Council must secure the prior consent of Crown Lands before submitting the application for compulsory acquisition to the Department of Local Government for Crown Lands consent to the land vesting in Bega Valley Shire Council rather than Crown Lands.

4. That Council gives notice of its intention to classify the land to be vested in Bega Valley Shire Council as operational land under section 34 of the Local Government Act 1993 (NSW).

5. That Council proceed with the compulsory acquisition of the land described as Lots 1, 2, 3, 4, 5, 6 and 7 in DP 1312022 for the purpose of road realignment in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

6. That Council make an application to the Minister and the Governor for approval to acquire Lots 1, 2, 3, 4, 5, 6 and 7 in DP 1312022 by compulsory process under section 177(2)(b) of the Roads Act 1993.

Executive Summary

This report seeks Council approval to proceed with the compulsory acquisition of various parcels of unformed Council road and private land for the purpose of road realignment and subsequent transfer to Cobandrah Pty Ltd. The process requires Council to obtain consent from Crown Lands and to pass resolutions in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, the Local Government Act 1993, and the Roads Act 1993.

Background

Council resolved at its Ordinary Meeting of 12 June 2024, when considering the road widening acquisition, as follows:

1. That Council enter into a formal Deed of Agreement with the proprietor of Cobandrah Pty Ltd for the acquisition of part Lots 14, 15 and 16 DP 32269 and Lot 14 DP 750242 shown as lots 1, 2, 3, 4, 5, 6 and 7 on the draft plan attached to the Council report dated 12 June 2024, for the purpose of public road pursuant to section 177 of the Roads Act 1993 (NSW).

2. That Council dedicates unnecessary road shown as lots 11, 12 and 13 on the draft plan attached to the Council report dated 12 June 2024 to the proprietor of Cobandrah Pty Ltd to offset part of the compensation associated with the acquisition of land for road realignment purposes.

3. That compensation payable to the proprietor of Cobandrah Pty Ltd be a total sum of $36,512.77 being the difference in value of the lots being acquired less the value of the lots being transferred as determined by a registered surveyor.

4. That it be noted Council intends to dedicate the land, as referred to in recommendation 1 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW) upon acquisition.

5. That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documents as required.

Since this resolution, Council officers have held further discussions with Crown Lands regarding the sections of road Council intends to acquire and transfer to Cobandrah Pty Ltd. Crown Lands has confirmed that the relevant sections are unformed “Council” road. Council has requested Crown Lands’ consent to acquire the land so it can vest in Council as operational land and then be transferred to Cobandrah Pty Ltd. Crown Lands has indicated a preference for the road closure process, but Council is pursuing compulsory acquisition as the preferred pathway. Further Council resolutions are now required to confirm the authority for acquisition and to ensure compliance with legislative requirements.

Options

The options available to Councillors are:

1. Approve the recommended resolutions to proceed with compulsory acquisition and transfer of the identified land parcels. This is the preferred approach, as confirmed through consultation with the Office of Local Government (OLG), to ensure compliance with legislative requirements and to finalise the matter efficiently. Recommended

2. Pursue the road closure process as suggested by Crown Lands. After consulting with OLG, this is not the preferred approach to finalise the matter.

Community and Stakeholder Engagement

Engagement undertaken

Extensive engagement has been undertaken throughout this process, including ongoing discussions with Crown Lands regarding the acquisition and transfer of the road parcels, consultation with Cobandrah Pty Ltd as the intended transferee, and regular liaison with Council’s legal representatives to ensure all legislative requirements are met. Council officers have also consulted with the Office of OLG to confirm the preferred approach for finalising the matter and to ensure compliance with statutory obligations.

Engagement planned

Further engagement is planned, including continued liaison with Crown Lands and the OLG to secure necessary consents, ongoing consultation with legal representatives as the process progresses, and notification to affected landowners and stakeholders as required by legislation.

Financial and Resource Considerations

Compensation payable to Cobandrah Pty Ltd in the amount of $36,512.77, representing the difference in value between the lots being acquired and those being transferred as determined by a registered surveyor, has been finalised. Survey, legal, and registration costs associated with the acquisition and transfer will be funded from Council’s road closure reserve, in accordance with legislative requirements that proceeds from road closures are to be used for acquiring land for public roads or for carrying out road works. Ongoing costs will include officer time for project management and liaison with legal representatives throughout the process.

Legal /Policy

The acquisition process must comply with the Land Acquisition (Just Terms Compensation) Act 1991, the Local Government Act 1993, and the Roads Act 1993. Model resolutions provided by the OLG have been used to ensure compliance. Crown Lands’ consent is required for the vesting of unformed Council road in Council rather than reverting to the Crown.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This proposal supports Council’s Delivery Program 2025–2029 and Operational Plan objectives for the management and rectification of road alignments and public infrastructure. It also aligns with Council’s Rural Residential Strategy, which identifies the affected land as suitable for rural residential use.

Environment and Climate Change

The proposed acquisition and transfer of road parcels is not expected to have significant environmental impacts, as it relates to the rectification of existing road alignments rather than new construction or changes in land use.

Economic

By rectifying road alignment encroachments, Council avoids potential costs and disruption associated with relocating the physical road or restricting access. The process also supports the value and usability of adjacent rural residential land, contributing to the local economy. Funding for compensation and associated costs is sourced from Council’s road closure reserve, ensuring that the project does not impact general revenue or other service delivery areas.

Risk

There are several risks associated with this matter. If Council does not proceed with the recommended acquisition, there is a reputational risk related to the community’s perception of Council’s commitment to maintaining public access and resolving road alignment issues. Financial risks may arise if similar encroachment issues are identified elsewhere along Mount Darragh Road, potentially leading to further costs for Council. There is also a risk to Council’s assets and infrastructure, as maintaining access to and the integrity of the road network is a core responsibility. By proceeding with the acquisition, Council mitigates these risks by ensuring legal access is secured, public infrastructure is protected, and obligations to both the community and affected landowners are met.

Social / Cultural

The acquisition supports the ongoing use and enjoyment of rural residential land in the area, contributing to the social fabric and cohesion of the local community. No adverse cultural impacts have been identified as part of this proposal.

Attachments

1 ⇩. Council report dated 12 June 2024 Acquisition of land for road widening Main Road 91

Council 28 January 2026

Item 10.3

10.3. Audit, Risk and Improvement Committee Quarterly Report December 2025

The purpose of this report is to update on the activities of the Audit, Risk and Improvement Committee (ARIC) and present the quarterly report for the December 2025 meeting.

Director Organisational Services

Officer’s Recommendation

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

Executive Summary

The quarterly report following each Audit, Risk and Improvement Committee (ARIC) meeting provides an update on the activities of the ARIC, supporting accountability and highlighting issues or emerging risks identified by the ARIC that may influence the strategic direction of the Council. This report is for the quarter September-December 2025.

The matters discussed at the December meeting include:

- External audit closing report (FY2025 financial statements)

- September Quarterly Budget Review Statement (QBRS)

- Internal audit progress

- Statecover Mutual annual update

- Results of the Continuous Improvement Pathway (CIP) completed with Statewide Mutual

- Update on corporate resilience

- Procurement evaluation structure

- Items of new business – membership and administration

Background

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the ARIC December 2025 meeting quarterly report, which summarises the discussions, issues raised, and actions required, is included as an attachment in this business paper for the information of councillors.

Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

Options

No applicable options for this report.

Community and Stakeholder Engagement

ARIC is an independent advisory committee consisting of independent community members that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with independent members who conduct their service to Council in accordance with the requirements of the Local Government Act 1993 (NSW) (LG Act).

Engagement undertaken

ARIC meets at least four times a year, with one of these meetings including review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan.

Engagement planned

The existing meeting arrangements will continue with the next ARIC meetings scheduled to be held in March 2026 and June 2026.

Financial and Resource Considerations

Membership to ARIC is a volunteer position under the adopted terms of reference of council. Minimal budget is provided for hosting quarterly meetings. At this meeting, the ARIC was notified of the intention to remunerate members and call for expressions of interest for all positions of the committee.

All other administration expenses are covered within general fund operational salaries and wages budget for staff to provide support to the function and reporting to the committee.

Legal /Policy

As described in the Guidelines for Risk Management and Internal Audit for Local Councils in NSW, Council`s ARIC must develop a Strategic Work Plan every four years to ensure that all matters listed in section 428A of the LG Act are reviewed by the committee and considered by the internal audit function when developing their risk-based program of internal audits. These include:

(a) compliance

(b) risk management

(c) fraud control

(d) financial management

(e) governance

(f) implementation of the strategic plan, delivery program and strategies

(g) service reviews

(h) collection of performance measurement data by the council, and

(i) any other matters prescribed by the regulation. ARIC must also provide information to Council for the purpose of improving Council’s performance of its functions.

The Guidelines further outline that the plan must be developed by the ARIC in consultation with the governing body, Chief Executive Officer and internal audit coordinator and adopted by the governing body at the start of the Council term.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2025-2029 identifies as core business the need to “Support the function of Council’s Audit, Risk and Improvement Committee (ARIC)”. This report directly contributes to that objective by:

· Providing quarterly updates to the governing body and Chief Executive Officer on audit and risk activities.

· Highlighting emerging risks and compliance issues that may influence Council’s strategic direction.

· Ensuring Council’s decision-making is informed by independent oversight and risk intelligence.

· Fulfilling the requirements of the Guidelines for Risk Management and Internal Audit for Local Councils in NSW, which mandate quarterly reporting and strategic work planning.

· Documenting ARIC’s review of internal and external audit matters.

· Supporting the Delivery Plan’s capital program and service delivery targets through effective risk management.

· Tracking and following up on past audit actions via the Pulse system.

· Offering independent assurance on financial management, governance, and internal controls.

Environment and Climate Change

ARIC provides assurance through monitoring and evaluation of council’s risk management and audit functions, including assessment that strategic and operational environment risks are managed, and climate change impacts considered in governance frameworks.

Economic

The diversity of ARIC member’s skills and experience contribute to the value of advice and probity in financial management and the contribution of council to the local economy.

Risk

Risk management is a key focus area of the committee terms of reference, and therefore a core set of skills that add value to the operation and advice provided by the committee to councillors and management.

Social / Cultural

Council as a key contributor to social and cultural infrastructure and services to the Bega Valley community. The function and benefit of independent members on the committee provide assurance that Council’s governance frameworks and decision making consider social impacts.

Attachments

1 ⇩. Audit Risk and Improvement Committee ARIC Quarterly Report December 2025

Council 28 January 2026

Item 10.4

10.4. Code of Meeting Practice

This report presents Council’s revised Code of Meeting Practice (Procedure 6.02.02) for adoption, ensuring compliance with the Office of Local Government’s (OLG) updated Model Code of Meeting Practice for Local Councils in NSW (August 2025). The Code of Meeting Practice incorporates all mandatory provisions and key changes required by OLG, following recent legislative and policy updates.

Director Organisational Services

Officer’s Recommendation

That Council:

1. Notes the submission received at attachment 1 to this report.

2. Adopts the Code of Meeting Practice at attachment 2 to this report.

Executive Summary

The Office of Local Government (OLG) released an updated Model Code of Meeting Practice in August 2025. Council’s draft Code of Meeting Practice Procedure has been reviewed and amended to incorporate all mandatory provisions, including the prohibition of pre-meeting briefings and the requirement to livestream and record meetings from 1 January 2026. These changes are designed to enhance transparency, accountability, and community engagement in Council decision-making.

This procedure supports Council’s Policy 6.02 Behaviour of Councillors and Staff.

A submission was made to Council on the publicly exhibited draft on 27 November 2025 and therefore a further report was required to be presented to Council before adoption. There are no recommended changes to the Code placed on public exhibition as a result of the submission.

Mandatory provisions were required to be adopted by all councils by 31 December 2025 however this timeframe was not met.

The attached Code recommended for adoption is based on the OLG Model Code and maintains supplementary sections previously adopted by Council and amendments made by council resolution prior to public exhibition.

The attached recommended Code of Meeting Practice ensures both compliance and continuity with local practice.

Background

Legislative Basis

The Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code) is established under section 360 of the Local Government Act 1993 and the Local Government (General) Regulation 2005. It provides a consistent framework for conducting council meetings across the State.

The Office of Local Government (OLG) issued Circular 25-20 and an updated FAQ in August 2025, outlining significant changes and clarifying mandatory requirements.

Scope of Application

The Model Meeting Code applies to all meetings of councils and committees where all members are councillors. Committees that include non-councillor members may adopt alternative meeting rules, such as committee Terms of Reference (TOR).

Adoption Requirements

Council’s previous Code of Meeting Practice has been reviewed and updated to reflect these changes, ensuring ongoing compliance and best practice governance. Prior to adoption, councils must consult with their communities to ensure transparency and inclusiveness.

A submission was received on 27 November 2025 which has required a further report be presented to council before adoption.

Purpose and Benefits

The Model Meeting Code promotes accessible, orderly, effective, and efficient meetings. It ensures consistency in meeting procedures while allowing flexibility through non-mandatory provisions that councils may choose to adopt based on local needs.

Options

· Option 1: Adopt the Code of Meeting Practice attached to this report. Recommended.

· Option 2: Do not endorse the draft Code. Consequence: Council risks non-compliance, and any inconsistent provisions will be overridden by the Model Code from 1 January 2026.

· Option 3: Recommend further amendments to the non-mandatory or supplementary provisions of the attached Code prior to adoption.

Community and Stakeholder Engagement

Engagement undertaken

Members of the community were invited to make submissions on the draft policy during the 42-day consultation period commencing on 16 October 2025.

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

Council has reviewed the submission received and it is not recommended to amend the procedure placed on public exhibition. The Government Information Public Access Act supports council providing the information listed as open access documents. The Local Government Act provides for community engagement and consultation. The context provided and proposed request for development of a Civic Engagement Strategy included in the submission could be considered in a future review of Council’s Engagement Strategy to avoid any duplication of existing processes that Council uses to promote opportunities for participation in civic activities.

Engagement planned

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

Council staff will provide feedback on the outcome of the submission to Mr Kingston following Council’s decision regarding the Code.

Financial and Resource Considerations

Bega Valley Shire Council is well-positioned to implement the 2025 Model Code of Meeting Practice with minimal financial and resource impact. The Council already livestreams and records meetings, hosts recordings on its website, and has trained staff and established policy review processes.

There is no additional financial expenditure or resource allocation anticipated for implementation of this Code. Operational impacts are expected to be absorbed within existing budgets and staffing levels.

Should Council wish to pursue the ideas presented in the public submission regarding additional civic participation strategies, this would require reprioritisation of existing resources to change or refine focus from existing community engagement activities.

Legal /Policy

The draft Code aligns with the Local Government Act 1993, Local Government (General) Regulation 2021, and the OLG Model Code of Meeting Practice (August 2025). Adoption ensures Council’s meeting procedures are legally compliant and reflect best practice. A council’s adopted meeting code must not contain provisions that are inconsistent with the mandatory provisions.

Councils and committees of councils of which all the members are councillors, must conduct their meetings in accordance with the code of meeting practice adopted by the council.

Council has not met its obligation to adopt the draft code of meeting practice by 31 December 2025.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report supports the FY2025 Delivery Program and core governance activities, ensuring Council meets legislative requirements and maintains effective, transparent decision-making processes.

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

There are no major economic impacts related to this report.

Risk

Adoption of a Code of Meeting Practice that aligns with the OLG Model Code ensures Council complies with all mandatory requirements as required under the Local Government Act 1993 and follows local government best practice.

The document provides clear guidelines for Council and the community on how Council and committee meetings should be conducted. Adoption of the updated Code reduces governance risk and supports community confidence.

Social / Cultural

The Code of Meeting Practice informs the community on how Council meetings are conducted and how the public can participate in Council decision-making.

Attachments

1 ⇩. Attachment 1 Feedback on Procedure 6.02.2 - Code of Meeting Practice

2 ⇩. Attachment 2 - Code of Meeting Practice - version recommended for adoption

Council 28 January 2026

Item 10.5

10.5. Quarterly Budget Review Statement (QBRS) December 2025 (Q2 Review)

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Organisational Services

Officer’s Recommendation

1. That Council receive and note the December 2025 (Q2) Quarterly Budget Review Statement (QBRS).

2. That the budget recommendations detailed in the attachment to this report be adopted.

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for this financial quarter. This report provides the FY2026 December (Q2) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 31 December 2025 provides the following projected results:

· Total Income decreased by $8.9m. This includes:

- Interest and Investment revenue increased by $0.5m

- Operational grants increased by $0.3m

- Capital grants decreased by $9.6m

· Expenses increased by $1.4m. This includes:

- Employee benefits and on-costs increased by $0.3m

- Materials and services increased by $1.1m

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $11.3m.

· Capital expenditure decreased by $10.9m. This includes:

- Open space/recreational assets decreased by $9.4m

- Roads, bridges and footpaths increased $0.7

- Water supply network decreased by $1.8m

- Sewer supply network decreased by $0.6m

· The revised projected cash figure at 30 June 2026 is expected to be $149.2m with external restrictions of $114.0m.

The Responsible Accounting Officer reports that the December quarterly review presented indicates Council's projected financial position at 30 June 2026 will be satisfactory.

Background

The QBRS is presented in the statutory format as per the Quarterly Budget Review Statements guidelines. It supports effective oversight by including clear, relevant and meaningful information. They provide councillors and the community with a clear picture of how council is performing, facilitating good decisions that enable council to operate efficiently by measuring progress against goals and objectives.

A summary format shows council’s income statement by fund and type.

The Capital Budget Review Statement (CBRS) prepared provides variance details. It is the intent of this report to provide information on the financial performance of Council as a whole and, for each activity of Council.

The budgeting process sees Council commence preparation of annual budgets in September of each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption. As required by the Local Government (General) Regulation 2021, we request Council to make budget adjustments through the QBRS process.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information. The Q2 budget review is a process that informs the development of the budget for the following financial year.

Options

A detailed review by council officers has been undertaken to prepare this QBRS review.

Option 1: Adopt the QBRS attached to this report (Recommended option)

It is recommended that this review be adopted to ensure Council staff are supported in their role to deliver for the community. This will:

· Ensure Council’s budget remains responsive to current financial conditions and operational needs.

· Support staff in delivering services and projects aligned with community priorities.

· Demonstrates transparency and good governance in financial management.

If the adjustments are not approved, there may be an impact on delivery of existing work plans to deliver within the resource allocations.

Option 2: Consider alternative or additional budget adjustments

Council has the option to consider other budget adjustments. This may allow the elected body to address emerging priorities or concerns not captured in the current QBRS or respond to new information or community feedback. Risks of this option include:

· delay in implementation of recommended adjustments.

· introducing financial or operational risks that may not have been considered or carefully assessed.

· place unexpected pressures on Council and staff time and resources, potentially disrupting planned projects and impacting the timely delivery of core services.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS adjustments.

Engagement planned

The budget adjustments requested in the QBRS are included as an attachment to the business paper and published on Council’s website. Once approved, the adjustments are made in our financial reporting systems. Future reports will reflect the adopted changes.

Financial and Resource Considerations

Operating Result

Council’s consolidated budget, net operating result, has declined by $10.3m since the September review. The revised December budget is projecting a surplus of $34.2m. The consolidated net operating result before grants and contributions provided for capital purposes has decreased by $0.7m, resulting in a projected deficit of $11.3m.

Income streams have seen an increase in investment income of $0.5m.

Operational Grants have increased by $0.3m.

Capital Grants decreased by $9.6m. Included in the total are new grants, previously received grants and new grants transferred to contract liability. The reduction is mainly due to both grant funding and capital expenses for Merimbula Boardwalk being transferred to the next financial year.

Expenses increased by $1.4m.

Employee costs increased by $0.3m and materials and services increased by $1.1m.

The recommended changes have the following impact on the net operating result by fund:

	Revised Budget (incorporating revotes/carryovers) $000’s	Q2 Requested Changes $000’s	Projected Year End Result $000’s
General Fund	39,525	(8,121)	31,404
Water Fund	(2,156)	185	(1,970)
Sewer Fund	7,097	(2,334)	4,763

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

	Revised Budget (incorporating revotes/carryovers) $000’s	Q2 Requested Changes $000’s	Projected Year End Result $000’s
General Fund	(13,098)	(476)	(13,575)
Water Fund	(2,260)	(17)	(2,243)
Sewer Fund	4,703	(200)	4,503

Capital

Capital expenditure is estimated to decrease by $10.9m in the December QBRS to $109.7m. The largest movements were in Open Space/Recreational of $9.4m. This is mainly due to both grant funding and capital expenses for Merimbula Boardwalk being transferred to the next financial year. Other reductions were in the sewer supply network of $1.8m due to Bermagui Sewer Pump Station being transferred to next financial year.

Cash and Investments

Council had cash and investments of $154.0m at 31 December 2025. The revised projected cash figure at 30 June 2026 is expected to be $149.2m of which $114.0m is expected to be externally restricted.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit a Budget Review Statement to Council after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2021 states:

Budget Review Statements and revision of estimates

1. Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The QBRS is a key instrument in Council’s Integrated Planning and Reporting framework. It provides transparent, quarterly reporting on financial performance and seeks in‑year budget adjustments in accordance with clause 203 of the Local Government (General) Regulation:

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

E.3 - Council has well-governed financial and strategic management processes to ensure ongoing viability and value for money.

Operational Plan E3.1.1 - The Operational Plan’s progress reporting now occurs quarterly, directly aligned with the QBRS process. This integration ensures that Council’s financial and operational performance are reviewed together, supporting informed decision-making and continuous improvement.

Delivery Program

· Councils’ role to provide services, facilities, programs, planning and reporting is directly supported by the QBRS, which is a core mechanism for corporate planning, budget control and performance reporting.

· The Delivery Plan’s priority focus on governance, record‑keeping and customer experience supports accurate and timely financial reporting and continuous improvement of budget processes that feed the QBRS.

Environment and Climate Change

While the QBRS itself does not directly impact environmental outcomes, it supports Council’s environmental objectives by ensuring that resources are available for the delivery of environmental programs, infrastructure, and initiatives. The transparent allocation and monitoring of funds enables Council to respond to emerging environmental priorities and maintain its commitment to sustainability and responsible resource management.

Economic

The QBRS provides a transparent and timely assessment of Council’s financial performance, supporting effective resource allocation and long-term financial sustainability. By identifying budget variances and recommending in-year adjustments, the QBRS ensures Council’s financial decisions are responsive to changing circumstances and aligned with community priorities. This process builds confidence in Council’s management of public funds and supports the delivery of services and infrastructure that underpin local economic resilience and growth.

Financial reporting is an important part of being transparent and accountable. It enables expectations to be set, monitored and communicated and acknowledges each councils own unique environment, circumstances, specific transactions and events.

Risk

QBRS reporting enhances Council’s risk management by providing regular oversight of financial performance and identifying emerging risks or opportunities. The QBRS process ensures that potential financial, operational, and compliance risks are identified early and addressed through appropriate mitigation strategies.

Transparent reporting and clear documentation of budget adjustments support informed decision-making and strengthen Council’s capacity to avoid or manage risks. Regular reporting enables councillors and the community to assess progress and measure Council’s financial health. It enables variances to be understood and addressed throughout the year and facilitates timely corrective actions as required. It also enables spending commitments to be managed now and into the future.

Accurate, reliable and openly available financial information builds trust and engagement. It enables Councillors and the community to regularly and routinely assess council’s progress against intended goals and objectives.

Social / Cultural

The QBRS contributes to social and cultural outcomes by ensuring Council’s resources are allocated efficiently and equitably to meet the needs of the community. Transparent financial reporting promotes trust and accountability, enabling the community to understand how Council is delivering on its commitments. The QBRS process supports the ongoing provision of services, programs, and facilities that enhance community wellbeing, inclusion, and quality of life.

Attachments

1 ⇩. QBRS report December 2025

Council 28 January 2026

Item 10.6

10.6. Certificate of Investment December 2025

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

Director Organisational Services

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 December 2025.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act) and clause 212 of the Local Government (General) Regulation 2021.

On 31 December 2025 the total capital value of cash and investments was $154,074,425 with 88% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	December 2025 ($’000)
General Fund	53,128
Water Fund	28,974
Sewer Fund	71,972
TOTAL	154,074

All investments have been appropriately recorded in Council’s financial records, reconciled monthly.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of Council are published in Council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Council’s cash and investments held at 31 December 2025 is detailed below:

Table 1: Cash and Investments Listing
Issuer	Rating	Type	Purchase Date	Maturity Date	Interest Rate (%)	Capital Value ($)
BOQ	A-	TD	11/01/2024	12/01/2026	4.8500	2,000,000.00
NAB	AA-	TD	18/12/2024	14/01/2026	4.9700	5,000,000.00
NAB	AA-	TD	28/01/2025	28/01/2026	4.9000	2,500,000.00
Westpac	AA-	TD	08/02/2024	09/02/2026	4.8400	5,000,000.00
ING Bank (Australia) Ltd	A	TD	11/03/2024	11/03/2026	4.8500	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2026	4.8900	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.2000	2,500,000.00
NAB	AA-	TD	24/06/2025	04/05/2026	4.1900	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/05/2026	4.5300	5,000,000.00
BOQ	A-	TD	31/01/2024	26/05/2026	4.8000	2,000,000.00
Westpac	AA-	TD	25/02/2025	15/06/2026	4.6200	5,000,000.00
BOQ	A-	TD	28/05/2024	28/07/2026	5.0000	5,000,000.00
ING Bank (Australia) Ltd	A	TD	26/08/2024	18/08/2026	4.6200	3,000,000.00
NAB	AA-	TD	30/06/2025	20/08/2026	4.0500	5,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.8800	3,000,000.00
Westpac	AA-	TD	30/09/2025	30/09/2026	4.1700	5,000,000.00
NAB	AA-	TD	30/05/2025	14/10/2026	4.1000	4,000,000.00
NAB	AA-	TD	26/11/2024	05/11/2026	4.8000	3,000,000.00
BOQ	A-	TD	28/05/2024	26/11/2026	4.9500	5,000,000.00
Hume Bank	BBB+	TD	26/08/2024	08/12/2026	4.5500	5,000,000.00
Westpac	AA-	TD	30/09/2025	06/01/2027	4.1400	4,000,000.00
Suncorp Bank	AA-	TD	11/01/2024	11/01/2027	4.8800	2,000,000.00
NAB	AA-	TD	25/02/2025	25/02/2027	4.5500	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/03/2027	4.5000	2,000,000.00
NAB	AA-	TD	26/02/2025	05/04/2027	4.5000	5,000,000.00
BOQ	A-	TD	20/03/2025	11/05/2027	4.4900	3,000,000.00
BOQ	A-	TD	06/03/2025	11/05/2027	4.5500	3,000,000.00
Westpac	AA-	TD	28/02/2025	16/06/2027	4.5000	3,000,000.00
BOQ	A-	TD	20/03/2025	08/07/2027	4.4900	2,000,000.00
BOQ	A-	TD	06/03/2025	08/07/2027	4.5500	2,000,000.00
NAB	AA-	TD	29/08/2025	19/08/2027	3.9500	5,000,000.00
BOQ	A-	TD	28/02/2025	13/10/2027	4.5000	2,000,000.00
BankVic	BBB+	TD	15/10/2025	15/10/2027	4.2000	3,000,000.00
ING Bank (Australia) Ltd	A	TD	16/12/2025	16/12/2027	4.7000	5,000,000.00
ING Bank (Australia) Ltd	A	TD	24/06/2025	30/08/2028	4.0100	2,000,000.00
BankVic	BBB+	TD	25/09/2025	25/09/2028	4.0800	2,000,000.00
ING Bank (Australia) Ltd	A	TD	28/02/2025	28/02/2029	4.7000	2,000,000.00
ING Bank (Australia) Ltd	A	TD	30/05/2025	13/06/2029	4.2400	5,000,000.00
Commonwealth Bank	AA-	CASH	31/12/2025	31/12/2025	3.6500	14,926,520
Commonwealth Bank	AA-	CASH	31/12/2025	31/12/2025	3.6500	3,000,000
NSWTC IM SCF	AA-	CASH	31/12/2025	31/12/2025	0.0000	147,905
Totals						154,074,425

Table 2: Interest from Cash and Investments
Interest earned for December 2025	$524,987
Financial year to date interest earned	$3,390,890
*Revised Budgeted interest for 2025/2026 financial year	$4,620,000
Percentage of the 2025/2026 budget earned by Council	73%

Council’s investment portfolio is largely directed towards term deposits (88%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (12%).

The investments held by Council remain sufficiently liquid with 63% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 374 days.

For the month of December, the investments held by Council provided a return of 4.69% p.a. This annualised performance exceeded the monthly RBA cash rate of 3.60% and the AusBond Bank Bill Index of 3.71%. The below table represents the annualised performance of council’s investment portfolio.

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With the potential for interest rate cuts in the future and the maturing of higher yielding term deposits Council has been attempting to lock in rates across 1–5-year tenors. This aims to provide some protection against potential lowering rates.

Council continues to utilise the platform Imperium Markets, to assist in conducting, managing, and reporting on Council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Arlo Advisory provide investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial Order and Council’s investment policy.

Table 3: Investments by Fund $’000
Fund	October-2025	November-2025	December-2025
General Fund	54,840	59,058	53,128
Water Fund	28,937	26,587	28,974
Sewer Fund	70,221	69,216	71,972
TOTAL	153,998	154,861	154,074

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The value of outstanding government grant debtors on 31 December 2025 is $2,065,085.74 with $19,575 aged 4+ months. Council continues to work with our funding partners to keep these debts minimised.

Legal /Policy

Section 625 of the Local Government Act 1993 (LG Act) determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 (LG Regulations) determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, LG Regulations and Council’s Investment Policy.

Council has an Investment Policy (policy number 6.07) adopted on 27 November 2024. The policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), 2025-2029 Delivery Program and operational Plan activities

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

CSP Strategy: E.3 Government services have well -governed financial and strategic management processes to ensure ongoing viability and value for money.

This reporting supports the implementation of Council’s adopted Delivery Plan 2025-2029 as identified through the following core business activity undertaken by the finance team to:

· Manage Council’s borrowings and investments in accordance with Council’s Financial Strategy

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

As at 31 December 2025, Council’s investment portfolio included $5 million of green certified investments.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide representation of Council’s compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

At 30 December 2025, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

Other legal instruments, such as the Ministerial Order referenced above, are also being used to mitigate financial risk.

Legend: Compliant Non-compliant

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

Council 28 January 2026

Item 11.1

11.1. Snug Cove Maritime Precinct Memorandum of Understanding

This report seeks authorisation to execute a memorandum of understanding with land managers in Snug Cove, Eden, outlining the parties’ commitment to cooperate on future planning and development in the precinct.

Manager Engagement and Corporate Strategy

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a memorandum of understanding with Transport for NSW, Port Authority of NSW, and the Eden Local Aboriginal Land Council as provided in Attachment 1.

Executive Summary

Council officers have coordinated with Transport for NSW, Port Authority of NSW, and the Eden Local Aboriginal Land Council (LALC) to draft a non-binding Memorandum of Understanding (MOU) to guide collaboration in the Snug Cove maritime precinct. The MOU establishes objectives, a working-group governance model, and protocols for communication. Executing the MOU will formalise multi-agency cooperation that is already occurring and support ongoing collaboration in precinct planning and development as well as positioning the parties for future funding opportunities.

Background

The parties to the proposed MOU are the key owners or managers of various parcels of land in the Snug Cove precinct. Council has worked closely with Port Authority of NSW and Transport for NSW in supporting developments in Snug Cove over many years, including the breakwater wharf, wave attenuator and Eden Welcome Centre.

In October 2023, Council and Transport for NSW executed a MOU as a demonstration of the parties’ collaboration on Snug Cove precinct development. At the time, Transport for NSW was applying for Federal Government funding for infrastructure in Snug Cove, including a marina. The 2023 MOU intended to provide evidence of Council support for and commitment to the project. The funding application was unsuccessful.

In December 2023 the NSW government announced that a key parcel of land in Snug Cove would be returned to the Aboriginal community. Eden LALC has now taken ownership of the site, which previously hosted the Eden Marine Discovery Centre.

Since August 2025, Council officers, together with NSW Government Regional Development and Delivery staff, have been facilitating meetings of the parties to the proposed MOU. The purpose of these meetings is to facilitate collaboration on the design and development of the precinct, as well as to secure funding for further development of Snug Cove.

The proposed MOU intends to formalise these relationships, support ongoing collaboration between the parties and position the parties for future funding opportunities.

Options

1. Proceed as recommended: Delegate to the Chief Executive Officer authority to enter into the MOU provided in Attachment 1. Recommended.

2. Vary the MOU: Delegate to the Chief Executive Officer authority to enter into a MOU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with other parties would be required.

3. Not proceed: Not enter into a formal MOU arrangement with the parties.

Community and Stakeholder Engagement

Engagement undertaken

The proposed MOU has been prepared in close consultation with Eden LALC, Transport for NSW and Port Authority of NSW.

All parties to the proposed MOU are represented the Port of Eden Stakeholder Group, co‑convened by Port Authority of NSW and Transport for NSW and includes community representatives from port businesses, maritime user groups, and residents. The Stakeholder Group provides a valuable forum for regular engagement with key stakeholders in the precinct.

Engagement planned

If supported, once Council has signed the MOU the other parties to the MOU will be notified. Ongoing engagement between the parties will be undertaken in accordance with the MOU. The parties will continue to engage with other Snug Cove stakeholders through the Port of Eden Stakeholder group.

Financial and Resource Considerations

There are no financial costs associated with the MOU.

Staff do not intend for the MOU to require any further resource commitments beyond current levels of participation in the collaboration.

Legal /Policy

An MOU is generally not a legally binding contract. The draft MOU expressly states that the parties do not intend any of the provisions of this MOU to be legally enforceable.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

A.2 Respect and promote our cultural heritage and diversity and partner with and acknowledge Traditional Owners and First Nations people.

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

B.1. Support local business and industry to be resilient and successful.

B.2. Promote and support opportunities to diversify and grow our economy and provide local jobs.

B.5 Strengthen infrastructure and connectivity at Port of Eden, Merimbula Airport and through the East-West freight corridor.

B.7 Encourage regional collaborations and partnerships.

D.3 Plan and provide for improved access to community facilities and leisure and recreation assets that will meet current and future needs

Delivery Plan | Service Summary | Corporate Planning and Improvement

· Drive Council’s advocacy priorities and approach to government

· Develop and maintain collaborative partnerships with key stakeholders to support business and industry development

· Attract investment in the shire to further economic development outcomes

Environment and Climate Change

Future development proposals will remain subject to statutory approvals and environmental assessment. The MOU framework emphasises appropriate approvals and responsible operations.

Economic

Precinct activation is expected to increase maritime visitation and safe mooring capacity; enable hospitality, retail and marine services; strengthen tourism (including Aboriginal cultural tourism) and regional connectivity; leverage prior public investment and reduce uncertainty through multi-party coordination.

Risk

The fragmented tenure in Snug Cove, managed by multiple agencies and organisations creates a risk of disjointed, incompatible and delayed development in the precinct. The proposed MOU seeks to mitigate this risk by formalising cooperation between the parties and establishing a working group to facilitate ongoing collaboration.

The MOU expressly states that nothing in the MOU will influence the execution of Council’s statutory functions and processes. However, there is a risk of perceived conflicts of interest if Council is the assessing authority for proposed development in the precinct. Council will manage this risk on a case by case in accordance with the Environmental Planning and Assessment Act and Council’s Policy 3.12 Council related Development Application Conflict of Interest.

No other risks have been identified.

Social / Cultural

The collaboration will assist Eden LALC in integrating its plans with the wider precinct and may assist in attracting investment in the Eden LALC site. The collaboration aims to support Aboriginal participation, local employment and cultural tourism opportunities. Multi-partner governance and shared communications will promote inclusive precinct outcomes and strengthen relationships across government and community.

Attachments

1 ⇩. Attachment 1 DRAFT Snug Cove Maritime Precinct Memorandum of Understanding

Council	28 January 2026
*Item 8.2 - Attachment 1*	Development Assessment Service Review final report

Council	28 January 2026
*Item 8.2 - Attachment 2*	Development Assessment Service Review presentation

Council	28 January 2026
*Item 8.5 - Attachment 1*	DRAFT 2025 - 2029 Memorandum of Understanding Bega Valley Shire Council and Bega Littleton Exchange Group

Council	28 January 2026
*Item 8.6 - Attachment 1*	Affordable Housing Implementation Group meeting minutes 16 June 2025

Council	28 January 2026
*Item 8.6 - Attachment 2*	Affordable Housing Implementation Group meeting minutes 8 September 2025

Council	28 January 2026
*Item 9.2 - Attachment 1*	Draft Wolumla Floodplain Risk Management Plan for public exhibition

Council	28 January 2026
*Item 9.2 - Attachment 2*	Draft Wolumla Floodplain Risk Management Study for public exhibition

Council	28 January 2026
*Item 9.2 - Attachment 3*	Draft Wolumla Floodplain Risk Management Study and Plan Map Compendium for public exhibition

Council	28 January 2026
*Item 10.1 - Attachment 1*	Council report dated 16 December 2020 - Land matters associated with Tathra Lawrence Park and Preschool

Council	28 January 2026
*Item 10.2 - Attachment 1*	Council report dated 12 June 2024 Acquisition of land for road widening Main Road 91

Council	28 January 2026
*Item 10.3 - Attachment 1*	Audit Risk and Improvement Committee ARIC Quarterly Report December 2025

Council	28 January 2026
*Item 10.4 - Attachment 1*	Attachment 1 Feedback on Procedure 6.02.2 - Code of Meeting Practice

Council	28 January 2026
*Item 10.4 - Attachment 2*	Attachment 2 - Code of Meeting Practice - version recommended for adoption

Council	28 January 2026
*Item 10.5 - Attachment 1*	QBRS report December 2025

Council	28 January 2026
*Item 11.1 - Attachment 1*	Attachment 1 DRAFT Snug Cove Maritime Precinct Memorandum of Understanding

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Infrastructure

10 Staff Reports – Organisational Services

11 Staff Reports - Executive Services

12 Councillor Reports

13 Rescission/Alteration Motions

14 Notices of Motion

15 Questions with Notice

16 Questions without Notice

17 Confidential Business

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

18 Noting of Resolutions from Closed Session

19 Declassification of reports considered previously in Closed Session

Council 28 January 2026

Item 10.1

Council 28 January 2026

Item 10.2

Council 28 January 2026

Item 10.4

Council 28 January 2026

Item 10.5

Council 28 January 2026

Item 10.6

Council 28 January 2026

Item 11.1

Council 28 January 2026

Item 16.1