PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceChief Executive Officer, Mr Anthony McMahon Director, Infrastructure, Mr Andrew Latta Director, Community, Environment and Planning, Mrs Emily Harrison Director, Organisational Services, Mrs Iliada Bolton Manager Engagement and Corporate Strategy, Mrs Kaliegh Smerdon Executive Officer (Minute Secretary), Mrs Jackie Grant |
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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2. |
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1/26 |
RESOLVED on the motion of Crs O'Neil and Daly That the Minutes of the Ordinary Meeting and Closed session held on 10 December 2025 as circulated, be taken as read and confirmed. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
Pecuniary Interest
Cr Mudaliar declared a pecuniary conflict of interest for item 8.3 UPL fee waiver for Eden Local Aboriginal Land Council's Bundian Way project. Cr Mudaliar advised she is employed as Tourism Manager at the Eden Local Aboriginal Council and heavily involved in the Bundian Way project. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote.
Cr Mudaliar declared a pecuniary conflict of interest for item 11.1 Snug Cove Maritime Precinct Memorandum of Understanding. Cr Mudaliar advised she is employee of the Eden Local Aboriginal Land Council in the role of Tourism Manager, the Eden LALC is a listed party on the MOU. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote.
Non Pecuniary Interest
Cr O’Neil declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials. Cr O’Neil advised she will soon be appointed a Director of the Twyford Theatre, a company limited by guarantee. The theatre operated by this non profit is in the Merimbula CBD and therefore may be affected by the changes to the traffic flow in the area. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote.
Cr Noble declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials immediately prior to the item being dealt with in the meeting. Cr Noble advised she is a business owner of a gym in Merimbula Drive. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote.
Cr Nadin declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials immediately prior to the item being dealt with in the meeting. Cr Nadin advised he works in Merimbula. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote.
The following deputations were heard:
Item 9.1 - Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials
· Mr Nigel Ayling – AGAINST
· Mr Scott MacLean on behalf of Merimbula RSL Club - AGAINST
5. Petitions
There were no petitions.
6. Mayoral Minutes
There were no Mayoral minutes.
There was no urgent business
8. Staff Reports – Community, Environment and Planning
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8.1 |
Development Application statistics - October to December 2025 |
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2/26 |
RESOLVED on the motion of Crs O'Neil and Daly That Council note the information contained in this report. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.2 |
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3/26 |
RESOLVED on the motion of Crs O'Neil and Nadin 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.3 |
UPL fee waiver for Eden Local Aboriginal Land Council's Bundian Way project |
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Cr Mudaliar declared a pecuniary conflict of interest for item 8.3 UPL fee waiver for Eden Local Aboriginal Land Council's Bundian Way project. Cr Mudaliar advised she is employed as Tourism Manager at the Eden Local Aboriginal Council and heavily involved in the Bundian Way project. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote. 02:18 pm Cr Mudaliar left the meeting. 02:18 pm Cr Nadin left the meeting.
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4/26 |
RESOLVED on the motion of Crs Daly and Haggar That Council waive all current and future UPL fees for the Eden Local Aboriginal Land Council’s Bundian Way 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 In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Noble, O'Neil and Porter Against: Nil Absent: Crs Mudaliar and Nadin |
02:21 pm Cr Mudaliar returned to the meeting.
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8.4 |
Investigation of alternative co-mingled recycling processing facilities |
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02:22 pm Cr Nadin returned to the meeting.
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5/26 |
RESOLVED on the motion of Crs Nadin and Haggar 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.5 |
Memorandum of Understanding with Bega Littleton Citizens Exchange |
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6/26 |
RESOLVED on the motion of Crs Nadin and Noble 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.6 |
Reporting of minutes for committees with delegated authority and advisory committees |
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7/26 |
RESOLVED on the motion of Crs Nadin and Noble 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9. Staff Reports – Infrastructure
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9.1 |
Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials |
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Cr O’Neil declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials. Cr O’Neil advised she will soon be appointed a Director of the Twyford Theatre, a company limited by guarantee. The theatre operated by this non profit is in the Merimbula CBD and therefore may be affected by the changes to the traffic flow in the area. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote. Cr Noble declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials. Cr Noble advised she is a business owner of a gym in Merimbula Drive. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote. Cr Nadin declared a non-pecuniary and less than significant conflict of interest for item 9.1 Request for Tender (RFT) 2526-005 Merimbula CBD traffic trials. Cr Nadin advised he works in Merimbula. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote. |
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8/26 |
RESOLVED on the motion of Crs Allen and Haggar That Council defer this report. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.2 |
Draft Wolumla Floodplain Risk Management Study and Plan findings |
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9/26 |
RESOLVED on the motion of Crs Haggar and Daly 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.3 |
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10/26 |
RESOLVED on the motion of Crs Haggar and O'Neil 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 In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10. Staff Reports – Organisational Services
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10.1 |
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11/26 |
RESOLVED on the motion of Crs Haggar and Mudaliar 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.2 |
Compulsory acquisition and transfer of residue road - Cobandrah Pty Ltd |
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12/26 |
RESOLVED on the motion of Crs Fitzpatrick and Allen 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.3 |
Audit, Risk and Improvement Committee Quarterly Report December 2025 |
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13/26 |
RESOLVED on the motion of Crs O'Neil and Daly That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the December 2025 meeting. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.4 |
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14/26 |
RESOLVED on the motion of Crs Haggar and O'Neil 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.5 |
Quarterly Budget Review Statement (QBRS) December 2025 (Q2 Review) |
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15/26 |
RESOLVED on the motion of Crs O'Neil and Daly 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.6 |
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16/26 |
RESOLVED on the motion of Crs Mudaliar and Noble 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
11. Staff Reports - Executive Services
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11.1 |
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Cr Mudaliar declared a pecuniary conflict of interest for item 11.1 Snug Cove Maritime Precinct Memorandum of Understanding. Cr Mudaliar advised she is employee of the Eden Local Aboriginal Land Council in the role of Tourism Manager, the Eden LALC is a listed party on the MOU. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote. 02:52 pm Cr Mudaliar left the meeting.
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17/26 |
RESOLVED on the motion of Crs O'Neil and Noble 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Mudaliar |
02:54 pm Cr Mudaliar returned to the meeting.
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11.2 |
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18/26 |
RESOLVED on the motion of Crs Haggar and Mudaliar That: 1. Council be provided quarterly update reports to monitor progress on implementation of Council resolutions 2. Council notes the progress update on implementation of Council resolutions contained within this report 3. Council endorse the completed resolutions contained within this report In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
12. Councillor Reports
There were no Councillor reports.
13. Rescission/Alteration Motions
There were no rescission/alteration motions.
14. Notices of Motion
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14.1 |
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19/26 |
RESOLVED on the motion of Crs O'Neil and Daly That Councillors congratulate and publicly thank staff for their work in the lead up to and during the busy Christmas and new year’s period that often goes unnoticed. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
15. Questions with Notice
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15.1 |
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A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 28 January 2026 with the response as follows:
Environmental protection and ensuring suitable safeguards are in place at the development site is of the utmost priority for Council. Council officers attended the site immediately after the intense rainfall event last year and have been attending the site regularly since. Council officers and the developer’s contractors have been openly communicating to stabilise the site and to ensure additional suitable controls are implemented. In response to this specific incident, the situation was formally reviewed and additional requirements implemented to ensure future works are undertaken with strengthened environmental safeguards. In relation to vegetation clearing on the site, the clearing to date has been undertaken within the approved development footprint and in accordance with the approved Biodiversity Management Plan. The works have been overseen by the onsite ecologist, who has confirmed that the trees were checked carefully for signs of breeding activity (nests, hollows, etc) prior to removal. No hollows, nests or signs of breeding were found in the trees. A koala corridor, located on the golf course side of the site connecting the forested area in the south-east with the natural reserve along the central gully, has been maintained. In addition to the detailed Biodiversity Management Plan in place for the remaining vegetated areas of the sites, a range of additional environmental safeguards were put in place as part of the subdivision approval, and include: · oversight of all clearing by an onsite ecologist · pre-clearance surveys conducted prior to any clearing · clearing scheduled outside of breeding periods to avoid disruption to native species · ongoing ecological monitoring during clearing, including spotlight surveys, dawn pre-clearance walks, and camera trapping · identification and protection of key vegetation areas, including retention of selected trees within the development · a rehabilitation plan for the natural reserve to enhance habitat value · a planting plan for the koala corridor, incorporating koala feed tree species · interpretive signage is required post construction to educate future residents on the importance of koalas, the purpose of the koala corridor and the value of the retained natural reserve. Council officers continue to monitor the site to ensure compliance with the relevant approvals. The Sapphire Cove development provides an important supply of residential allotments of varying sizes, to accommodate a range of development types. Council’s strategic planning documents encourage affordable and adaptable housing however there is an element of market demand to which Council cannot directly influence. Council’s planning framework permits multi dwelling housing including smaller dwellings, should landowners seek to develop in this manner. |
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15.2 |
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A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 28 January 2026 with the response as follows: Following Council’s resolution of 12 November 2025, formal direction was issued to the appointed design team to progress Option 3 to detailed design, in alignment with the funding deed. Detailed design is now underway. As part of associated value management actions, a preliminary Value Management workshop was held on 5 December, involving the design team, GHD, TfNSW, and Council staff. Council staff are preparing grant funding documentation to ensure the project is shovel ready for funding opportunities. The Safer Local Roads and Infrastructure Program (Tranche 5) is currently open, with a future funding opportunity identified through the Disaster Ready Fund, anticipated to open in mid-2026. NGH were directed to progress the Review of Environmental Factors (REF) following Council’s resolution. The REF will include the southern car park within its assessment boundary. As part of this work, NGH will also prepare the Statement of Heritage Impact (SOHI). Consideration of the broader precinct is being addressed through the Cuttagee Bridge Movement and Place Assessment (Precinct Study), which is currently being finalised by GHD. |
16. Questions without Notice
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16.1 |
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A response to Cr Daly’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 28 January 2026 with the response as follows: From a development approvals perspective, developers are required to consider and plan for demolition waste and resource recovery at the Development Application stage and demolition phase. The Bega Valley Development Control Plan 2013 currently requires a Management Plan to be developed where demolition is proposed. The Plan is required to outline how waste is handled during construction and operation of the development. It includes details on waste generation volumes and materials, how it will be stored, treated, recycled, its transportation, and disposal destination. Compliance with the approved Management Plan then becomes a requirement of any subsequent development consent. Council’s Waste and Recycling Services team has seen an increase in developers proactively contacting them to discuss resource recovery opportunities that are available in the shire (whether or not via Council facilities), as well as ways they can work with Council in a more collaborative way with respect to waste and resource management. For Council-led infrastructure projects, the recovery and reuse of materials is considered on a project-by-project basis. For bridge replacement and renewal works, Council staff assess individual elements for potential reuse. Where suitable, materials are salvaged and stored at the bridge yard for use in other capital or maintenance projects. Similarly, for stormwater assets, when infrastructure is exhumed, individual components such as pipes and headwalls are assessed for reuse. Suitable materials are retained and stored at Council depots or stockpile sites for future maintenance or capital works. Where drainage structures cannot be reused, concrete materials are recycled at Council’s Waste and Recycling Centre in Eden. This also occurs for other concrete structures such as kerb and footpath. Pavement repair or renewal works may require the removal of the existing pavement gravel or asphalt. Pavement and asphalt materials are reused at alternative locations as re-sheeting gravel, sub-base or select fill, as appropriate. General earthworks and trenching may also include the generation of spoil. Depending on the quality of the material generated this material is reused onsite or in adjacent projects. As part of Disaster Recovery works, where materials can be salvaged or deemed appropriate for reuse, this is incorporated into the civil contractor’s scope of works. This includes dismantling, retaining and transporting materials to Council depots or approved stockpile sites. These activities are undertaken in accordance with disaster recovery funding arrangements upon approval from the Reconstruction Authority. In addition, some construction contracts include specific salvage and reuse clauses (for example, under the Fixing Country Bridges program), which formalise the recovery and retention of materials for future reuse. |
There was no confidential business.
There were no noting of resolutions from closed session.
There were no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 3:13pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 28 January 2026.