Ordinary Meeting Minutes
Held on Wednesday 25 March 2026
at Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre, Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceChief Executive Officer, Mr Anthony McMahon Director, Infrastructure, Mr Andrew Latta Director, Community, Environment and Planning, Mrs Emily Harrison Director, Organisational Services, Mrs Iliada Bolton Manager Engagement and Corporate Strategy, Mrs Kaliegh Smerdon Executive Officer (Minute Secretary), Mrs Jackie Grant |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
Acknowledgement of Traditional Custodians of Bega Valley Shire
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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2. |
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20/26 |
RESOLVED on the motion of Crs Noble and O'Neil That the Minutes of the Ordinary Meeting held on 25 February 2026 as circulated, be taken as read and confirmed. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
3. Declarations
Non Pecuniary Interest
Cr Mudaliar declared a non-pecuniary and less than significant conflict of interest for item 10.1 Formalisation of Occupation - Aboriginal Evangelical Church Eden, Lot 105 DP 247132, Moorhead Street, Eden. Cr Mudaliar advised she is employed by the Eden Local Land Aboriginal Council who has an association with the Aboriginal Evangelical Church, Eden. A signed declaration form was tabled by Cr Mudaliar, she will remain in the chamber and vote.
4. Public Forum
The following deputations were heard:
Item 9.2 – 2022.62 Demolition of existing buildings and construction of a five storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments
· Mr Matt Johnson on behalf of Merimbula Central Pty Ltd - FOR
· Ms Allana Afshar on behalf of Squillace Architecture and Interiors – FOR
Item 9.2 – Multi-generational Recreation Area at Surf Circle Tura Beach - Concept Design
· Mr Timothy Fitzgerald – AGAINST
· Ms Tracey Fleming on behalf of The Lions Club of Pambula-Merimbula Inc – AGAINST
· Mr Jon Webb on behalf of The Lions Club of Pambula-Merimbula Inc – AGAINST
Item 14.1 – Waiver of water connection charge - Bega Town Band Building (Canning St, Bega)
· Ms Melinda Steel on behalf of Bega District Band - FOR
5. Petitions
There were no petitions.
6. Mayoral Minutes
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6.1 |
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21/26 |
RESOLVED on the motion of Crs Mudaliar and Haggar 1. That Council write to the Office of Local Government outlining its support for retention of the Canberra Region Joint Organisation (Attachment 1). 2. That Council advocate to the NSW Government to provide ongoing financial support to functional Joint Organisations who are providing benefits to its members and their communities. 3. That Council recognise that cooperation in sharing information and good practice among councils along the NSW Coast would provide better management of issues around changing demographics, population growth and impact of changing climates, through CRJO and the Australian Coastal Councils Associations. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
7. Urgent Business
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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8.1 |
Demolition of existing buildings and construction of a five storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments |
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22/26 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin That Council: 1. Support the Clause 4.6 variation request to the height of buildings development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013. 2. Approve development application 2022.62 for the demolition of existing building and the construction of a five (5) storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments and 15 shops, at 29-33 Market Street, Merimbula, subject to the conditions of consent provided in Attachment 1. 3. Notify submitters of the Council’s decision. 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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23/26 |
RESOLVED on the motion of Crs O'Neil and Haggar 1. That Council resolve to publicly exhibit the draft Bega Valley Local Infrastructure Contribution Plan 2026-2041 (Attachment 1) for a minimum of 28 days. 2. That a further report be presented to Council if there are any substantial changes to the Local Infrastructure Contribution Plan 2026-2041 arising from the public exhibition. 3. That following public exhibition, if no submissions are made the Local Infrastructure Contribution Plan 2026-2041 be considered adopted and published to Council’s website. 4. That following public exhibition if there are submissions a report be presented back to the next available council meeting. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.3 |
Development Assessment Service Review - Implementation Roadmap |
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24/26 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council endorses the development assessment (DA) roadmap provided at Attachment 1. 2. That Council notes implementation of the roadmap may be impacted by the state government’s planning reforms. 3. That Council endorses the amended policy 3.01 Development Administration and procedure 3.01.01 Reporting of Development Applications to Council at Attachments 2 and 3 for public exhibition, noting the changes align with the recommendations from the service review, and that if no substantive changes are required post exhibition that they be considered adopted by Council. 4. That Council revokes procedures 3.01.2 Development Application Refusal and 3.01.3 Development Application review by Police. 5. That Council endorses the change in delegation for refusal of DAs, as detailed in this report and Attachment 1. 6. That Council notes a number of budget bids will be included in the FY27 budget to support implementation of the roadmap. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.4 |
Planning Proposal for Rural Residential Rezoning at 71 Green Point Road, Millingandi |
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25/26 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin 1. That Council resolve to support the planning proposal to amend the minimum lot size of the site at 71 Green Point Road, Millingandi (Lot 281 DP1048627). 2 That Council endorse submission of the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. 3. That following Gateway Determination, the planning proposal be placed on public exhibition. 4. That Council endorse, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.5 |
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26/26 |
RESOLVED on the motion of Crs Daly and Haggar That Council: 1. Support a planning proposal to implement several minor amendments to the Bega Valley Local Environmental Plan 2013. 2. Authorise Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. 3. Authorise Council officers, subject to the conditions of the Gateway Determination (including public exhibition) and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.6 |
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27/26 |
RESOLVED on the motion of Crs O'Neil and Haggar 1. That Council endorses the findings and recommendations of the Tura Beach and Cobargo Flood Studies (Attachment 1 and 2) as the best available flood information and interim measures; and that the studies are used in the development of subsequent floodplain risk management studies and plans, strategic land-use planning, infrastructure asset planning and emergency response planning. 2. That these Flood Studies be published on Council’s website and provided to Council’s Local Emergency Management Committee (LEMC) for information. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
02:56 pm Cr Porter left the meeting.
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8.7 |
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28/26 |
RESOLVED on the motion of Crs Nadin and Haggar That Council: 1. Note that a Litter Prevention Roadmap is a foundational document required to apply for further grant funding from the NSW Environmental Protection Agency for litter prevention. 2. Note that delivering against the roadmap is conditional upon successful grant funding. 3. Endorse the Litter Prevention Roadmap to enable Council to apply for further funding. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil Against: Nil Absent: Cr Porter |
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8.8 |
Central Waste Facility (CWF) Landfill gas system contract review |
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02:59 pm Cr Porter returned to the meeting. |
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29/26 |
RESOLVED on the motion of Crs Nadin and Daly That Council: 1. Delegate authority to the Chief Executive Officer to investigate and negotiate the terms of a deed of variation for operation and maintenance of the landfill gas extraction system at the Central Waste Facility. 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 |
9. Staff Reports – Infrastructure
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9.1 |
Request for Quote (RFQ) 2425-111 Merimbula Ford Park Pavilion Building Design |
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30/26 |
RESOLVED on the motion of Crs Nadin and Porter 1. That the information in the attached confidential memo be received and noted. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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31/26 |
RESOLVED on the motion of Crs Nadin and Porter 3. That following the execution of the Deed of Agreement with the Federal Government associated with the Major and Local Community Infrastructure Program Grant, Council enters into a contract with the preferred architect for the works described in RFQ 2425-111 in the amount of $217,990.85 (including GST), subject to variations, provisional sums and prime cost items. 4. That authority be delegated to the Chief Executive Officer to engage the preferred architect and execute all necessary documentation in relation to RFQ 2425-111 Merimbula Ford Park Pavilion Design Consultancy. 5. That any variations and amendments be managed under the existing Council financial delegations. 6. That all tenderers be advised of Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.2 |
Multi-generational Recreation Area at Surf Circle Tura Beach - Concept Design |
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32/26 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council endorse Option 1 as outlined in the report. 2. That Council delegate authority to the Chief Executive Officer to negotiate with the Pambula Merimbula Lions Club to formalise a Memorandum of Understanding (MOU) that clearly defines each party’s roles and responsibilities for the next stages of the project. 3. That reflective of council’s policy to “Rationalise the playground network by consolidating or repurposing underutilised or ageing sites, reinvesting savings into higher-quality playspaces”, council plan to decommission the local-level nearby playground on Pacific Way when it reaches the end of its usable life. 4. That an awareness campaign is established to advise the public of the decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and Porter Against: Cr O'Neil |
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9.3 |
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33/26 |
RESOLVED on the motion of Crs Porter and Nadin That Council adopt the recommendations of the Bega Valley LTF meeting held on 3 March 2026 as outlined below: Eden Safe System Assessment- Imlay Street, Eden 1. That this item be deferred to a Councillor workshop. Auckland Street / Newtown Road Intersection – Line of sight assessment 2. Establish a 60‑metre No Stopping zone on the northeast side of Newtown Road, starting from the Auckland Street / Newtown Road intersection. The No Stopping (R5‑400) sign is to be installed at the property boundary between 188 Newtown Road and 194 Newtown Road, at the location shown in the attachment. Update to Transport Forum Protocols 3. That council workshop the Traffic Forum delegation from Transport for NSW to develop any polices or procedures to support the consultation and decision making function of local roads. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.4 |
Reporting of minutes for committees with delegated authority and advisory committees |
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34/26 |
RESOLVED on the motion of Crs Nadin and Daly That Council receive and note the report and attached minutes of the following Section 355 Committee meetings: · General Sportsground Committee meeting held on 25 August 2025 · General Hall Committee meeting held on 18 November 2025 · Montreal Goldfields Committee meeting held on 20 November 2025 · General Cemeteries Committee meeting held on 2 December 2025 · Access and Inclusion Advisory Committee (AIAC) meeting held on 18 November 2025 · Bega, Eden Merrimans (BEM) Committee meeting held on 30 September 2025 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 |
Formalisation of Occupation - Aboriginal Evangelical Church Eden, Lot 105 DP 247132, Moorhead Street, Eden |
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Cr Mudaliar declared a non-pecuniary and less than significant conflict of interest for item 10.1 Formalisation of Occupation - Aboriginal Evangelical Church Eden, Lot 105 DP 247132, Moorhead Street, Eden. Cr Mudaliar advised she is employed by the Eden Local Land Aboriginal Council who has an association with the Aboriginal Evangelical Church, Eden. A signed declaration form was tabled by Cr Mudaliar, she will remain in the chamber and vote. |
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35/26 |
RESOLVED on the motion of Crs Allen and Haggar That Council delegates authority to the Chief Executive Officer to execute a three (3) year licence agreement with the Aboriginal Evangelical Church Eden for the occupation of Council‑owned community land at Lot 105 DP 247132, Moorhead Street, Eden, at Council’s minimum annual rental, currently $657.00 plus GST. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.2 |
Proposed licence for office use of Bega Tennis Courts Clubhouse |
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36/26 |
RESOLVED on the motion of Crs Allen and O'Neil 1. That Council, as Crown Land Manager of Lot: 701 DP: 94051 (Reserve No. 580074), approve the grant of a licence to the National Rugby League for occupation of the upstairs room of the Bega Tennis Courts Clubhouse within the Bega Recreation and Sports Precinct, for an initial term of one (1) year, with two (2) further one‑year options, at an annual rental of $10,000 plus GST, indexed annually in accordance with CPI. 2. That the Chief Executive Officer and Mayor be authorised to execute all documents and take all actions necessary to give effect to this resolution. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.3 |
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03:50 pm Cr Nadin left the meeting. |
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37/26 |
RESOLVED on the motion of Crs O'Neil and Haggar 1. That Council places draft policy 6.29 Code of Conduct on public exhibition for a minimum period of 28 days and submissions be received for 42 days. 2. That a further report only be presented to Council if any submission is received that could change the scope, purpose, and intent of the draft policy and, 3. If no submissions are received, the exhibited policy be adopted and published on Council’s website. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble, O'Neil and Porter Against: Nil Absent: Cr Nadin |
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10.4 |
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38/26 |
RESOLVED on the motion of Crs O'Neil and Allen That Council: 1. Receive and notes the report on Council’s investment position at 28 February 2026. 2. Notes the certification of the Responsible Accounting Officer. 4. Notes the revised policy has no changes in intent or operation of the policy and therefore does not require public exhibition. 3. Receive and note the review of Policy 6.07 Investment undertaken by the finance team, accepts the recommended changes (tracked) and adopts the policy attached to this report. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble, O'Neil and Porter Against: Nil Absent: Cr Nadin |
03:53 pm Cr Nadin returned to the meeting.
11. Staff Reports - Executive Services
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11.1 |
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39/26 |
RESOLVED on the motion of Crs Fitzpatrick and Daly That item 11.1 Children’s Services Expansion Feasibility Study be moved into closed session to be dealt with in confidential business under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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11.2 |
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40/26 |
RESOLVED on the motion of Crs Allen and Noble That Council authorises the use of Council’s Environment Levy reserves to undertake an environmental constraints analysis of potential sites for a new enterprise precinct between Bega and Wolumla. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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11.3 |
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41/26 |
RESOLVED on the motion of Crs Fitzpatrick and Daly That Council defer this item to a Councillor workshop. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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11.4 |
Reschedule Ordinary Council Meeting - from 24 June 2026 to 22 June 2026 |
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42/26 |
RESOLVED on the motion of Crs Nadin and Allen That Council reschedule the Wednesday 24 June 2026 ordinary Council meeting to Monday 22 June 2026 due to the scheduled Australian Local Government Association (ALGA) National General Assembly (NGA) being held Tuesday 23 June to Thursday 25 June 2026. 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 |
Waiver of water connection charge - Bega Town Band Building (Canning St, Bega) |
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43/26 |
RESOLVED on the motion of Crs Porter and Nadin That Council: 1. Recognises the value and support provided by the Bega Band at local events including citizenship ceremonies and ANZAC day. 2. That in recognition of their ongoing contribution to the community, council staff prepare a report for Council outlining the most appropriate mechanism to ensure there are no net financial impacts to the Bega District Band as a result of water and sewer access charges levied to the Bega District Band from Council, noting they do not currently pay general rates. In favour: Crs Allen, Daly, Fitzpatrick, Nadin, Noble, O'Neil and Porter Against: Crs Haggar and Mudaliar |
15. Questions with Notice
There were no questions with notice.
16. Questions without Notice
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16.1 |
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A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 25 March 2026 with the response as follows: Council has several projects in the current Capital Works Program budgeted for completion in FY26 and FY27 along the Bega – Tathra Road and Jellat Flats. Programmed works include: · Thornhill Road intersection to Jellat Creek Bridge, Jellat Jellat - Pavement widening and renewal works scheduled for May to June 2026. · Blackfellows Lake Road to Strathmore Crescent, Kalaru - Stormwater improvements and pavement renewal works scheduled for March to May 2026. · Boundary Road intersection, Bega - Stormwater improvements and widening of pavement for turning lanes scheduled for May to August 2026. · Jellat Creek Bridge to Ike Game Road, Jellat Jellat - Pavement and drainage with safety improvements including a barrier, shoulder widening, signage and line marking scheduled for February to December 2027. · Upper Street intersection to Virgina Drive intersection, Bega – Design for kerb and gutter, cycleway and pavement renewal. Construction in FY28, subject to budget being adopted by Council. |
17. Confidential Business
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Adjournment Into Closed Session |
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44/26 |
RESOLVED on the motion of Crs Daly and Nadin 1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 11.1 Children’s Services Expansion Feasibility Study Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 2. That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2). In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
4:21 pm The Ordinary Meeting was adjourned.
The recording of the meeting ceased for the period of the Closed Session of Council.
4:27 pm The Confidential Closed Session meeting commenced.
4:40 pm The Confidential Closed Session meeting concluded.
4:41 pm The Ordinary meeting was reconvened.
Statement of Re-Commencement of Live Streaming
The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.
18. Noting of Resolutions from Closed Session
Council made the below resolution in closed session.
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18.1 |
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45/26 |
RESOLVED on the motion of Crs Allen and Haggar 1. Notes the feasibility assessment undertaken by The Commercial Advisory Partnership (TCAP) at Confidential Attachment 1. 2. Accepts the recommendations outlined in the Confidential Memo at Attachment 2 noting the addition of a point 3(d). 3. Notes the findings of the community survey at Attachment 3. 4. Delegates authority to the Chief Executive Officer to take all necessary actions to implement the resolution, including limited disclosure of information strictly necessary for that purpose. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
19. Declassification of reports considered previously in closed session
There were no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 4:43 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 March 2026.