Agenda of Council - Wednesday, 6 May 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 6 May 2026

Item 8.1

8.1. Development Application statistics - January to March 2026

This report provides an update on Council’s development application processing timeframes for the period January to March 2026.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the information contained in this report.

2. That Council note reporting on development application lodgement and assessment statistics will now be provided in the quarterly Delivery Plan updates and not as a separate report to Council.

3. That Council note future reporting will focus on the NSW Planning League Table data only to ensure consistency of reporting and comparison.

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated commentary for the period 1 January to 31 March 2026.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 133.47 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 270.23 days.

This period saw an increase in the net and gross average DA assessment timeframes due to an increased focus on resolving legacy DAs. Legacy DAs are DAs that have been in the system for a considerable period of time and typically have been on hold (‘stop clock’) awaiting additional information from the applicant. In some cases, DAs may have been abandoned but not withdrawn.

Importantly, in March 2026, 85% of DAs were meeting the Minister’s Expectations, with 75% meeting the Minister’s Expectations for the financial year to date.

DA statistics 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 (full Year)	Jan-Mar 2026
DAs determined+	343	277^!	53
No of undetermined Applications^@	168	113	96
Average DA processing time (gross)	162.03 days	161.12 days	270.23 days
Average DA processing time (net - ie minus ‘stop clock’ days)*	92.69 days	87.86 days	113.47 days
Estimated cost of construction (approved)	$170,178,307	$282,528,867	$51,825,545

Notes:

- Note: The statistics provided in the table above 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 March 2026, 85% of development applications assessed met the Minister’s expectations, with 75% meeting the Minister’s expectation for the financial year to date.

Extract from Council League Table

	2024/25 (full year)	Oct 2025	Nov 2025	Dec 2025	Jan 2025	Feb 2025	Mar 2025
DAs assessed	291	27	22	20	8	17	27
Lodgement days	15	9	8	7	9	6	7
Number applications lodged^	266	19	18	22	12	21	19
Average assessment days (gross)	137	148	102	95	290	307	165

^ 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 March 2026

A screenshot of a computer

AI-generated content may be incorrect.

The graph below provides time series data from the League Table for the 2024/25 financial year and into the third quarter of 2025/26 financial year.

A screenshot of a graph

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 professionals group has been advised of the changes, however there may be continued frustration as the impacts are experienced by applicants.

Of note over the last quarter, assessment times have increased significantly as legacy applications are being finalised. Legacy applications are those that have been in the system for a considerable period of time and have been on hold (‘stop clock’) awaiting additional information or revised plans as Applicants have worked with Council’s assessing officers to refine proposals and address issues raised throughout the assessment and/or from feedback during community consultation. It is anticipated that assessment times will continue to fluctuate whilst legacy applications move out of the system.

Development Assessment Service Review

The findings of the service review by Morrison Low consultants was presented to Council at its meeting of 28 January 2026 and the implementation plan (roadmap) was endorsed by Council at its meeting of 25 March 2026. Addressing determination of legacy applications is consistent with Recommendation 15 of the review.

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.

Ongoing communication with the development professionals group will continue throughout the implementation of the DA Service Review implementation roadmap.

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 6 May 2026

Item 8.2

8.2. Planning Proposal for Deferred Matters

This report seeks a Council resolution to submit a planning proposal to the Department of Planning, Housing and Infrastructure which seeks to rezone the four areas deferred from Bega Valley Local Environmental Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to support the planning proposal to rezone the four areas deferred from Bega Valley Local Environmental Plan 2013.

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.

Executive Summary

This report seeks Council endorsement to proceed with a planning proposal that applies the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to four remaining deferred areas that are still subject to the outdated Bega Valley Local Environmental Plan 2002 (BVLEP 2002).

Despite BVLEP 2013 being in place since mid-2013, these deferred matters continue to present legal, strategic, governance and environmental risk, as development is assessed under a legacy framework that predates contemporary planning standards and statutory requirements.

The planning proposal does not increase development intensity or alter existing development permissibility. Instead, it replaces BVLEP 2002 controls with equivalent Standard Instrument–based controls under BVLEP 2013, completing the transition away from BVLEP 2002 and delivering a contemporary, consistent statutory planning framework across the Bega Valley Shire.

Background

BVLEP 2013 came into effect in 2013 and since then Council has been working to apply contemporary zones and planning controls to those properties that were not zoned under BVLEP 2013 and were still subject to the controls of BVLEP 2002. Thirteen years later, despite numerous attempts to rezone the remaining deferred matters (details of which are included in the Planning Proposal provided as Attachment 1), Bega Valley Shire still contains four areas that are deferred from BVLEP 2002.

Development applications can still be lodged for these sites, however, the provisions of BVLEP 2002 apply which presents several risks to Council, the community and the environment.

The objectives of this planning proposal are to:

· Apply BVLEP 2013 to the four areas (Deferred Matters) that remain zoned under BVLEP 2002 by matching the existing permissible uses and development standards, and

· Repeal BVLEP 2002.

Rationale for change

The NSW Government has long sought a consistent, simple and transparent planning system through the Standard Instrument (Local Environmental Plans) Order 2006. BVLEP 2002 does not support this objective, as it relies on locally drafted clauses, zone names and definitions that require interpretation. This increases dispute risk and results in more complex, inconsistent and inefficient development assessment, creating uncertainty, delays and increased risk for Council and applicants.

BVLEP 2002 reflects early 2000s planning priorities, with rigid, low density zoning and limited flexibility to respond to contemporary housing needs. In contrast, BVLEP 2013 provides a modern framework that supports housing uplift where strategically justified, using standard development controls (Clauses 4.1, 4.3 and 4.4) and Clause 4.6 variations to facilitate additional housing without rezoning. Recent amendments further support housing diversity outcomes.

BVLEP 2002 also predates the current NSW strategic planning framework and is poorly aligned with contemporary State Environmental Planning Policy (SEPPs) regional plans and Council’s Local Strategic Planning Statement (LSPS). BVLEP 2013 is designed to operate within the Standard Instrument framework, making it easier to interpret, apply and align strategic objectives with zoning and development standards.

In addition, BVLEP 2002 contains outdated environmental zones and provisions that are not suited to managing increasing climate related risks. BVLEP 2013 includes stronger provisions for climate resilience, coastal, flood and bushfire hazards, biodiversity protection and environmental conservation, and aligns with the SEPP (Resilience and Hazards) 2021, the Biodiversity Offset Scheme and current hazard planning frameworks. Continued reliance on BVLEP 2002 increases the risk of inappropriate approvals and potential liability following natural hazard events.

Finally, BVLEP 2002 relied on Development Control Plans (DCPs) to regulate building heights and minimum lot sizes in some areas. As these DCPs have since been repealed, some deferred land no longer has appropriate controls. Applying BVLEP 2013 will introduce clear, mapped and consistently applied controls for building height, minimum lot size and floor space ratio.

Benefits for Council and development assessment

Repealing BVLEP 2002 and incorporating the remaining deferred land into BVLEP 2013 will support Council’s objective of faster, simpler and lower risk development assessment through:

· Standardised zones and clauses

· A flexible and contemporary residential planning framework

· A clear link between the LSPS and the LEP

· Modern environmental and conservation zoning

· Well tested Standard Instrument language

· More efficient assessments and plan amendments

· Consistent, up to date development controls

Impacted land (identified on maps in white with “DM” notation)

Sapphire Coast Drive, Tura Beach Arthur Kaine Drive, Merimbula

A map of a land

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George Street, South Pambula Boydtown

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Proposed amendments

Land

Current (BVLEP 2002)

Proposed (BVLEP 2013)

Sapphire Coast Drive, Tura Beach

Lots 33 - 34 DP 243029

Zone: 1(c) Rural Small Holdings

Lot size: Nil (range from 5,000 sqm to 10ha via DCP repealed)

Height of Buildings: Nil (10m height limit via DCP repealed)

Zone: R5 Large Lot Residential

Lot size: 1ha

Height of Buildings: 10m

Arthur Kaine Drive, Merimbula

Lot 120 DP 847899

5(a) Special Uses (Community Facilities)

Schedule 4

SP2 Infrastructure (Community Facilities)

Schedule 1 No. 26

George Street, Lloyd Street and Princes Highway, South Pambula

Lots 451-3 DP 747031 / Part Lot 1 DP 1088971

Zone: 1(a) Rural General

Lot size: 120ha

Height of Buildings: Nil (10m height limit via DCP repealed)

Zone: RU2 Rural Landscape

Lot size: 120ha

Height of Buildings: 10m

Boydtown Park Road, Ben Boyd Parade and Juno Drive, Boydtown

Lot 13, 24 & 44 DP 716162 / Lots 1 - 3 & Part Lot 5 DP 259742 / Lot 1 DP 40567 / Lots 208-258 & 264-336 DP 12883 / Lot 384 DP 839105

Zone: 2(b) Residential Medium Density

Lot size: 550m2 if sewered or 2,000m2 if unsewered

Floor space ratio: 0.5:1

Height of Buildings: Nil (10m height limit via DCP repealed)

Zone: R3 Medium Density Residential

Lot size: 1,000sqm

Floor space ratio: 0.6:1

Height of Buildings: 10m

Zone: 2(c) Residential Tourist

Clause 91(3)(b) prohibits boarding houses, dwelling houses and multi-unit housing

Lot size: 550m2 if sewered or 2,000m2 if unsewered)

Floor space ratio: 0.5:1

Height of Buildings: Nil (10m height limit via DCP repealed)

Zone: SP3 Tourist

Lot size: Nil

Floor space ratio: Nil

Height of Buildings: 10m

Zone: 6(a) Existing open space

Zone: RE1 Public Recreation

Zone: 7(d) Environment Protection General

Lot size: 40ha

Height of Buildings: Nil (10m height limit via DCP repealed)

Zone: C3 Environmental Management

Lot size: 40ha

Height of Buildings: 10m

Assessment of Planning Proposal

STRATEGIC MERIT ASSESSMENT CRITERIA

Does the proposal give effect to the relevant regional plan?

The proposal gives effect to the Draft Southeast and Tablelands Regional Plan by supporting increased housing supply and diversity, improving strategic alignment across the NSW planning hierarchy, strengthening climate change and hazard resilience, protecting environmental assets while enabling sustainable growth and delivering a more consistent, efficient and defensible planning system. These outcomes ensure Bega Valley Shire’s local planning controls effectively implement the Draft Regional Plan’s vision for resilient, well‑planned and thriving regional communities.

Does the proposal demonstrate consistency with the relevant Local Strategic Planning Statement (LSPS)?

The planning proposal will give statutory effect to Council’s LSPS priorities for sustainable and resilient settlements, housing choice and affordability, a vibrant and diverse local economy, and protection of environmental and cultural values.

Does the proposal respond to a change in circumstances that has not been recognised by the existing planning framework?

The planning proposal does not respond to a change in circumstances that has not been recognised by the existing planning framework.

SITE-SPECIFIC MERIT ASSESSMENT CRITERIA

Does the proposal give regard and assess impacts to the natural environment on the site to which the proposal relates and other affected land (including known significant environmental areas, resources or hazards)?

Overall, it is considered that the proposal will result in a decrease of risk of inappropriate approvals and potential liability following natural hazard events. BVLEP 2002 contains outdated environmental zones and provisions that are not suited to managing increasing climate related risks. Applying BVLEP 2013 to the land will result in stronger provisions for climate resilience, coastal, flood and bushfire hazards, biodiversity protection and environmental conservation, and aligns with the SEPP (Resilience and Hazards) 2021, the Biodiversity Offset Scheme and current hazard planning frameworks.

Does the proposal give regard and assess impacts to services and infrastructure that are or will be available to meet the demands arising from the proposal and any proposed financial arrangements for infrastructure provision?

The planning proposal does not increase development potential or intensity of the lands to which it applies and therefore does not increase demand for public infrastructure.

Options

Options available to Council are to:

1. Resolve to support the planning proposal and forward it to the Department of Planning, Housing, and Infrastructure for Gateway Determination. This is the recommended option.

2. Not support the planning proposal. BVLEP 2002 will stay in effect indefinitely, potentially resulting in uncertainty and increased risk for landowners and the community.

Community and Stakeholder Engagement

Engagement undertaken The Department of Planning, Housing and Infrastructure arranged pre-lodgement consultation with the following agencies: NSW Department of Climate Change, Energy, the Environment and Water Conservation Planning and Assessment, NSW Department of Climate Change, Energy, the Environment and Water South East, Coast Estuary and Flood, Department Primary Industries Agriculture, Department Primary Industries Fisheries, Heritage NSW, NSW Rural Fire Service, State Emergency Services and Transport for NSW.

The eight affected landowners have been advised of the proposed Planning Proposal and staff will continue to engage with those landowners throughout the process.

Engagement planned

If the planning proposal receives Gateway approval, community consultation will be consistent with the requirements of the Bega Valley Shire Community Engagement Strategy, being a minimum exhibition timeframe of 28 days, or as specified by the Gateway Determination. Public exhibition of the planning proposal will include notification on Council’s website and in writing to impacted landowners.

Should agency or community feedback to the planning proposal be received that warrant substantial changes to the planning proposal, a further report will be prepared for Council outlining the submissions received and the changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.

If no objections to the planning proposal are received and no substantial changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to the BVLEP 2013.

Financial and Resource Considerations

The processing of the planning proposal and its public exhibition will be undertaken as part of Council’s regular work program.

Legal /Policy

The planning proposal has been prepared in accordance with section 3.33 of the Environmental Planning and Assessment Act 1979 and the Local Environmental Plan Making Guidelines (August 2023).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal will give statutory effect to Council’s Local Strategic Planning Statement priorities for sustainable and resilient settlements, housing choice and affordability, a vibrant and diverse local economy, and protection of environmental and cultural values, and to advance the Community Strategic Plan themes of strong communities, valued environments and prosperity for the Bega Valley.

Environment and Climate Change

The planning proposal will strengthen environmental and climate change risk management, improve integration with contemporary coastal, flood, bushfire and biodiversity planning frameworks, and reduce the ongoing risk of inappropriate development outcomes arising from outdated zoning and controls.

Economic

The planning proposal will support a stronger and more resilient local economy by providing clear, contemporary and consistent planning controls that reduce investment uncertainty, facilitate employment and housing delivery, and align land use regulation with current NSW Government economic and productivity objectives.

Risk

The planning proposal will mitigate legal, strategic and governance risk arising from reliance on a pre Standard Instrument framework, improve certainty and defensibility in decision making, and ensure planning controls align with contemporary NSW Government policy and the statutory planning hierarchy.

Social / Cultural

The planning proposal will provide clearer, more consistent and contemporary planning controls that improve transparency and certainty for the community, support appropriate housing choice and local amenity, and ensure development outcomes better reflect current community expectations and needs.

Attachments

1 ⇩. Deferred Matters Planning Proposal May 2026

Council 6 May 2026

Item 8.3

8.3. Central Waste Facility Power Upgrade Project Delegations

To provide an overview of the Central Waste Facility Power Upgrade Project and delegate authority to the Chief Executive Officer to proceed.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note the requirement for power upgrade works on private land to support the future development of the Central Waste Facility.

2. Delegate authority to negotiate public works on private land to the Chief Executive Officer in relation to the project and execute any necessary documentation to formalise negotiations.

Executive Summary

Council is progressing plans to develop the Central Waste Facility. This includes the construction of a new Organics Processing Facility in the near term, and preliminary plans for further resource recovery operations. These projects have identified that the existing electrical power supply is insufficient to meet future power demand and requires upgrades to network infrastructure.

Council has engaged Essential Energy approved consultants to undertake site investigations and preliminary designs for the power upgrade. This has identified works required on eight privately owned properties where the Essential Energy network is located under easements. As the work is being undertaken by Council acting as a developer, access easements benefitting Essential Energy are not automatically conferred to Council. Additionally, as the works are upgrades (not asset maintenance or renewal) private landholders are required to agree to the extent of works to be undertaken on their land.

Council’s existing suite of delegations do not cover liaison and approvals to conduct Council works on private land. This report seeks Council’s delegation to the Chief Executive Officer to liaise with and negotiate any access requirements and works required on private land for the purpose of the Central Waste Facility power upgrades.

Background

The proposed organics processing facility and future resource recovery operations at the Central Waste Facility will require power when it is in testing mode, which is predicted to be around March 2027. The organics processing facility is designed to operate with some energy 24 hours a day, 7 days a week. The proposed design incorporates significant solar renewable energy generation but as a commercial facility a connection to the power network is necessary in case of generation downtime due to faults or maintenance as well as overnight.

Council engaged power design consultants who have confirmed the upgrade requirements include key components including an upgraded 750kVA substation and 4.5km of upgraded power line. This necessitates the replacement of several dozen poles and supporting cross-arms to support the upgraded lines. Several of these components have long lead times for supply. Where the terrain is impassable due to factors such as gradient or watercourses, temporary or permanent crossings may be required to be constructed to allow access to the network infrastructure. If the best access routes are outside of existing easements new access arrangement may need to be formalised.

To undertake any works on the network all affected property owners and stakeholders are required to give consent. The majority of the affected network is in Council road reserves, however there are eight private properties with network infrastructure where works will be required. To date Council has informed all affected stakeholders of the project for its consultants to undertake early investigations, inspections and design work.

Options

Liaising with owners of the eight affected properties and gaining their agreement for access and works is the only feasible option to progress the project.

Designing all future facilities at the Central Waste Facility to be power independent of the network has been considered and is not economically or operationally feasible.

Community and Stakeholder Engagement

The power upgrade project has very low community scale, limited to the owners of the eight affected properties. However, it also has moderate community impact due to its interdependency with the future development of the Central Waste Facility. Under the IAP2 framework adopted in Council’s Community Engagement Strategy, Council has an obligation to inform and consult with affected community members. This is consistent with the approach necessary to gain all property owners consent to access and undertake works on their properties.

Engagement undertaken

In order to conduct preliminary investigations and survey of the power network affected landholders were informed of the project in 2025. Several affected landholders have already provided access and works approval for their properties.

Essential Energy has been engaged throughout the project in accordance with their processes and procedures.

Engagement planned

Council staff and its contractors will liaise with the owners of the eight directly affected properties to successfully deliver the power upgrade project. Council staff will undertake negotiations to agree to access and works conditions should this become necessary under the proposed delegation to the Chief Executive Officer. Due to the technical nature of electrical works, negotiations may be attended and facilitated by Council’s contractors who can advise on the extent of access and works needed to upgrade the network.

Essential Energy will be engaged to approve any final designs and works to be undertaken on their network infrastructure.

Financial and Resource Considerations

The power upgrade project is approved in Council’s Long Term Financial Plan and Delivery Plan/Operational Plan. Project estimates are within approved budget.

Item	$ Excl GST
Expenditure Detail
Preliminary Investigation and Design	$69,773
Final Design Delivery	$219,750
Construction	$600,000
Total Expenditure	$889,523 XXXX (sum of all costs)

Source of Funds
WO 9308 Electrical Upgrades at the CWF	$1,362,250
Total income available	$1,362,250 * total income = total project cost

Total Project Capital Cost	$889,523
Total Available Construction Funding	$1,362,250
Project Funding Shortfall	*-$472,727* *= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade	$889,523
Annual maintenance and operational costs	N/A
Depreciation costs	N/A
User charges (annual income)	N/A

Legal /Policy

As a Local Government Authority Council has extensive rights over public lands vested in Council. Unfortunately, easements over private property benefiting Essential Energy do not extend to Council. Equally owners of private properties have the right to refuse access and works where existing easements or legislation do not give rights to an authority or developer. This is the case for this project as it requires upgrades to infrastructure to facilitate Council development.

It is therefore essential that Council has the proper delegations in place to liaise and negotiate access and works to progress this project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The power upgrade at the Central Waste Facility is an essential project to achieving Council’s commitments outlined in the Community Strategic Plan, Delivery Plan and Waste Strategy. It underpins all future development at the Central Waste Facility which is directly linked to three of the five themes in the CSP, ‘B. Our Economy’, ‘C. Our Environment’, and ‘D. Our Infrastructure’.

Environment and Climate Change

The power upgrades are required to support future energy needs at the Central Waste Facility, in particular a new Organics Processing Facility and future resource recovery operations. These interdependent projects are essential to Council meeting its environmental and climate change obligations including reducing waste to landfill, recovering material for reuse and recycling, and limiting Council’s carbon emissions.

Economic

Projects at the Central Waste Facility focus on resource recovery and circular reuse. These principles underpin the Circular Economy. The projects are also expected to lead to job creation and in the case of the new Organics Processing Facility, the production of nutrient rich compost for agricultural, commercial and residential use in the Bega Valley.

Risk

Without the delegation to liaise with and negotiate access and works, the project cannot lawfully proceed. This would have a catastrophic impact on the interdependent projects at the Central Waste Facility.

Further, there is a risk that delays to the power upgrade project will delay the commissioning and operation of a new Organics Processing Facility, on track for approval and construction in Financial Year 2026/27.

There is a risk that private landholders may seek some compensation or may restrict access or works. The ability to negotiate a mutually agreeable outcome with landholders is essential in mitigate this risk.

Social / Cultural

The power upgrades are required to support future energy needs at the Central Waste Facility, in particular a new Organics Processing Facility and future resource recovery operations. These inter-dependent projects have significant environmental benefits, which in turn demonstrate Council and the community’s social commitment to caring for, and safeguarding the environment now and for future generations.

Attachments

Nil

Council 6 May 2026

Item 9.1

9.1. Supply, delivery and service agreement for pressure sewer pod parts

This report seeks Council approval to enter a non-exclusive four-year supply, delivery and service agreement with Enviro One Services Pty Ltd (Enviro One) for the supply of new pressure sewer pod parts and servicing of existing pumps, to provide pricing certainty, warranty benefits and continued operational support for critical sewer assets.

Director Infrastructure

Officer’s Recommendation

1. That Council, by resolution under section 55(3)(i) of the Local Government Act 1993, determine that a satisfactory result would not be achieved by inviting tenders for the supply of specialist parts and servicing for the existing installed Enviro One pressure sewer assets.

2. That Council approve the non-exclusive four-year supply and delivery agreement, and associated warranty and service profile, with Enviro One Services Pty Ltd, subject to Procurement review, negotiation and execution in accordance with Council’s delegations.

3. That authority be delegated to the Chief Executive Officer to:

3.1 execute all necessary documentation;

3.2 approve contract variations up to the available allocated budget;

3.3 authorise the extension of the contract for the further term/s in accordance with the contract.

Executive Summary

Council has a substantial installed base of Enviro One pressure sewer assets that require ongoing maintenance, repair and replacement. Council currently purchases Enviro One parts and servicing on an ad hoc basis, which creates procurement inefficiency, exposes Council to price variation and makes it harder to maintain stock levels for critical parts.

Review of Council’s purchase history confirms that Enviro One parts and servicing are a recurring and material area of expenditure. The proposed agreement would provide direct savings on some high-value recurring items and price certainty across a broader range of parts and services.

The agreement is non-exclusive and does not prevent Council from trialling alternative products or seeking competitive pricing for future renewal programs. Council is currently undertaking field trials of alternative pressure sewer systems from multiple manufacturers to inform long-term asset planning. Early results have been mixed, with no preferred alternative identified at this stage.

This report is not intended to determine Council’s long-term pressure sewer product strategy. It is directed to supporting the existing installed Enviro One fleet in a more efficient and commercially structured manner.

Background

Based on Council’s GIS data, there are approximately 1,306 sewer boundary kits and 984 pump control panels across the Shire, with an estimated 960 of these being Enviro One pump systems.

Council is responsible for maintaining this installed asset base, which requires ongoing procurement of replacement parts, servicing of pumps removed from service and supply of replacement pumps where units are beyond economical repair. Council currently holds strategic stock of higher-value critical parts to reduce delays when failures occur. However, ongoing usage means stock levels can be difficult to maintain through ad hoc purchasing alone. Orders are also at times staged to match immediate operational need and procurement approval pathways, which can lead to smaller and more frequent purchases and reduce overall efficiency, in particularly with freight costs.

Enviro One has proposed a non-exclusive supply and delivery agreement, with an accompanying warranty and service profile. The proposed agreement relates to the ongoing support of the existing Enviro One assets already installed across the Shire. It does not prevent Council from separately going to market for broader renewal programs or from trialling alternative products where appropriate.

Subject to Council approval, the agreement would be reviewed by Procurement and negotiated before execution. The proposed agreement provides a four-year term, with prices fixed for the first 12 months and then subject to CPI or negotiation. The supplier has also provided supporting service information including service assessment rates, logistics arrangements and a 10-day turnaround commitment.

Council is aware that alternative pressure sewer products are available in the broader market and is actively assessing these through field trials. Details of this assessment are included in the confidential attachment. Initial findings indicate that while alternative systems are available, each presents design and operational limitations and no preferred replacement has yet been identified. This work is separate to the current report and will inform future renewal and replacement decisions.

Options

Option 1: Review, negotiate and enter into the proposed non-exclusive supply and delivery agreement and associated warranty and service profile (recommended)

This is the recommended option. This option would secure pricing and service terms for the existing Enviro One systems, provide direct savings on some high-value recurring items, improve price certainty across a broader range of parts and services, and retain flexibility to use alternative suppliers where appropriate.

Option 2: Continue to purchase parts and services on an ad hoc basis

This option is not recommended. It would continue Council’s exposure to price variation, fragmented procurement, repeated quotation requests, variable service terms and delays associated with procurement approvals. It would also not provide the same price certainty or service support arrangements.

Option 3: Invite tenders each time parts or service are required

This option is not recommended. While alternative suppliers exist in the broader pressure sewer market, this option would not efficiently address the immediate need to support the existing Enviro One systems with compatible parts, consistent servicing and timely support.

Community and Stakeholder Engagement

As this report relates to the procurement of parts and servicing arrangements for existing sewer infrastructure, no specific community engagement has been undertaken. The proposed agreement does not change the level of service to customers, expand the pressure sewer network or alter the approved budget program.

Engagement undertaken

Internal consultation has occurred with Water and Sewer Operations, procurement and relevant staff responsible for asset management and maintenance of pressure sewer systems.

Engagement planned

Subject to Council approval, Procurement will complete its review of the proposed agreement and negotiate final commercial terms, including warranty wording, pricing schedule inclusions and any agreed additional parts. Council will also continue current field trials and market awareness activity for alternative pressure sewer products to inform future renewal and replacement decisions.

Financial and Resource Considerations

Council has a significant and recurring expenditure on Enviro One pressure sewer pump parts, repairs, replacements and associated servicing. Review of Council’s purchase order history confirms that this is an established operational need rather than occasional purchasing. Review of detailed quote history indicates that the proposed agreement would provide direct savings on selected high-value recurring items and price certainty across a broader range of parts and services. Detailed expenditure and pricing analysis is provided in the confidential memo.

The proposed supply agreement includes nominated pricing for finished goods and key spare parts, with prices fixed for twelve months and then subject to CPI or negotiation. For other listed items, the principal financial benefit is price certainty rather than a further immediate discount. While freight remains variable and is not fully fixed under the proposed pricing schedule, the agreement is expected to improve procurement efficiency by reducing repeated ad hoc pricing requests and supporting a more consistent approach to stock and repair planning.

Council is currently undertaking field trials of alternative pressure sewer systems from multiple manufacturers to inform future asset planning. The proposed agreement does not restrict Council’s ability to continue these trials, obtain comparative pricing, or go to market for broader renewal works. It provides a structured and efficient mechanism to support the existing Enviro One assets while this assessment process continues.

Financial year	Expenditure for purchases from Enviro One Services Pty Ltd
FY2023	Refer to confidential memo
FY2024	Refer to confidential memo
FY2025	Refer to confidential memo
FY2026 (year to date)	Refer to confidential memo
Average annual expenditure excluding GST	Refer to confidential memo

Source of Funds There are typically three work orders used for pressure sewer equipment. Additionally, site specific operational work orders are occasionally used when appropriate.
Operational WO.Varies – Site specific operational work orders used when appropriate	Nominal $30,000 / year based on historic expenditure
Operational WO.4082 – Sewer Pressure System Pump Rebuilds	$69,293 / year
Capital WO.5373 – New Pressure sewer connections	$140,243 / year
Capital WO.5599 – Pressure Sewer Pod Renewals	$116,955 / year
Total yearly income available	$356,491

Financial Option Impacts | Life Cycle Costing

The proposed agreement supports a more consistent and efficient approach to maintaining the existing Enviro One assets. The principal financial benefits are direct savings on selected recurring items, improved price certainty and clearer service arrangements. The supporting service documents also indicate broader value through service turnaround expectations, warranty support and a more structured repair versus replacement model.

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| New & Renewal	Existing budgeted program
Annual maintenance and operational costs	Existing recurrent expenditure. The agreement is intended to improve cost certainty rather than create a new budget pressure
Depreciation costs	No direct change from entry into the agreement itself. Depreciation will continue to be determined by the value of capitalised assets replaced or renewed
User charges (annual income)	No direct impact on annual user charges arising from execution of the agreement

Legal /Policy

In accordance with the Local Government Act 1993 55(3)(i), Council is not required to invite tenders before entering a contract in instances of:

(i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders,

The proposed agreement would exceed the relevant procurement threshold and therefore requires Council approval. The reasons for Council’s decision for an exemption include:

a. the existing installed base of Enviro One pressure sewer assets across the Shire requires ongoing specialist parts supply and servicing;

b. there are currently no other reliable suppliers for these specific parts and services;

c. Council is actively undertaking field trials of alternative pressure sewer systems from multiple manufacturers to inform future asset planning, however early results have been mixed and no suitable like-for-like replacement has yet been identified for the existing installed fleet;

d. a non-exclusive agreement preserves Council’s ability to trial and use alternative suppliers where appropriate;

e. the agreement is expected to provide pricing certainty, warranty benefits and more efficient procurement outcomes for critical operational assets.

In this case, the proposed agreement relates to specialist parts supply and servicing for an existing installed fleet of Enviro One pressure sewer pumps. It is considered that a satisfactory result would not be achieved through an open tender process due to the need to maintain compatibility with the existing network, provide service continuity for a critical asset class, and improve efficiency for a recurring maintenance need. The agreement remains non-exclusive and preserves Council’s discretion to use alternative suppliers where appropriate.

While alternative suppliers exist for broader pressure sewer products and future replacement programs, Council is not readily able to approach the market for equivalent compatible parts and specialist servicing for the existing installed Enviro One systems. This limits the prospect of achieving a satisfactory result through inviting tenders for this specific requirement. In addition, current trials of alternative systems have not yet identified a suitable replacement that would provide a like-for-like, operationally proven alternative for the existing installed fleet.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This proposal supports the reliable operation and maintenance of essential water and sewer infrastructure. It also supports efficient procurement, responsible asset management and continuity of service for existing sewer customers.

Environment and Climate Change

The proposed agreement does not change the approved asset footprint or create any new environmental impact. It supports the continued maintenance and reliable operation of existing sewer infrastructure, which contributes to effective wastewater management.

Economic

The agreement is expected to improve procurement efficiency and provide greater cost certainty for an ongoing area of operational expenditure. It may also reduce avoidable administrative effort and freight inefficiency associated with fragmented purchasing.

Risk

Without an agreement, Council remains exposed to unplanned price increases, procurement delays and reduced ability to maintain appropriate stock holdings for critical sewer assets. Delays in obtaining parts or servicing may affect Council’s ability to respond to pump failures in a timely manner.
The proposed non-exclusive agreement reduces these risks by improving price certainty and procurement efficiency, while preserving flexibility to use alternative suppliers where appropriate.

There is also a risk that alternative products currently under trial may not prove suitable for widespread deployment, reinforcing the need to maintain reliable supply and servicing arrangements for the existing Enviro One fleet.

Social / Cultural

The proposed agreement supports the continued reliable operation of sewer services for affected communities. No specific adverse social or cultural impacts have been identified.

Attachments

1 . Attachment 1 - Agreement for Pressure Sewer Pod Parts - Financial and Market Assessment (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.

2 . Attachment 2 - Agreement for Pressure Sewer Pod Parts - Supply Agreement (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.

3 . Attachment 3 - Agreement for Pressure Sewer Pod Parts - Service Profile (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.

Council 6 May 2026

Item 9.2

9.2. Request for Tender (RFT) 2425-052 Supply of chemicals to Water and Sewer Services

This report details the recommendation to Council in relation to the evaluation of RFT 2425-052, for the establishment of a Panel of preferred suppliers for the provision of Chemicals to Water and Sewer Services.

Director Infrastructure

Officer’s Recommendation

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

2. That Council accept all tenders in relations to contract for the works described in RFT 2425-052 Supply of chemicals to Water and Sewer Services, at the tendered schedule of rates for an annual ceiling amount of $xxx (including GST), subject to variations, provisional sums and prime cost items.

3. That Council delegate the Chief Executive Officer the authority to execute all necessary documentation.

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

Executive Summary

This report outlines the recommendation from tender evaluation RFT 2425-052. The recommendation is to establish a panel from the tender recipients in the supply of multiple chemicals across the Water and Sewer section of Bega Valley Shire Council (BVSC). The chemicals are crucial requirement to provide safe drinking water and meet the Environment Protection Authority (EPA) licencing conditions. By accepting the recommendation BVSC will be demonstrating value for money and securing chemical delivery and quality.

Background

BVSC operates 10 sewage treatment plants (STPs) and 3 water treatment plants (WTPs). To comply with NSW Health guidelines and Environmental Protection Licence (EPL) requirements, the Council must procure a range of chemicals.

Historically, chemicals were sourced using exemption forms supported by three quotes. However, due to the high overall expenditure, BVSC has elected to undertake a formal market tender process. This approach will establish a panel of pre-qualified suppliers for ongoing engagement.

All chemicals used across water and sewer operations have been listed as individual line items. This structure enables BVSC to select the best value-for-money supplier for each specific chemical.

Options

Option 1: Establishment of a panel of preferred suppliers for the provision of chemicals water and sewer services.

This is the recommended option. This will provide a structured and reliable approach to procurement. BVSC will be able to secure more stable and competitive pricing over the contract period, reducing exposure to market fluctuations. In addition, it strengthens the reliability and continuity of chemical supply, ensuring that essential operations across water and sewer services are not disrupted.

Option 2: Continue to purchase chemicals via direct engagement getting quotes and potentially following the exemption pathway.

This is not the preferred option. This reflects the current procurement approach that is being undertaken. While it has been functional to date, the process can be time-consuming and administratively intensive, particularly when sourcing multiple quotes and completing exemption documentation for each purchase. As a result, these delays can increase the risk of disruptions to chemical supply, potentially impacting the continuity of water and sewer operations.

Community and Stakeholder Engagement

As this report relates to the procurement of chemical supply arrangements for water and sewer, no specific community engagement has been undertaken. The proposed agreement does not change the level of service to customers.

Engagement undertaken

Internal consultation has occurred with Water and Sewer Operations, Procurement and relevant staff responsible for chemical requirements.

Engagement planned

Subject to Council approval, Procurement will complete its review of the proposed agreement and negotiate final commercial terms, including pricing schedule inclusions and exclusivity on product agreements.

Financial and Resource Considerations

There is already a water and sewer chemical budget as it is an ongoing operational cost. No extra resourcing is required.

Item	$ Excl GST
Expenditure Detail
FY23	$324,025
FY24	$475,787
FY25	$537,221
FY26 to date	$442,980

Source of Funds	Water and Sewer Operational Budget
Water and Sewer Operational Budget FY26	$564,082
Total income available	$564,082

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs	Existing ongoing expenditure already captured in the budget. The awarding of a panel is intended to improve costs opposed to creating new budget pressure
User charges (annual income)	No direct impact on annual user charges arising from this recommendation

Legal /Policy

This will ensure we comply with all relevant environmental and regulatory requirements, including the Protection of the Environment Operations Act 1997. Operations are also to align with the NSW Drinking Water Guidelines to ensure the safety and quality of water. In addition, all activities must be conducted in accordance with the conditions of the Environmental Protection Licences (EPLs) applicable to the sewage treatment plants.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Establishing a panel of suppliers for the provision of chemicals will align with the objectives of the Water and Sewer Strategy, supporting the delivery of safe, reliable drinking water to the community at a competitive and cost-effective price.

The creation of a chemical supply panel will also enable a more efficient procurement process, allowing for faster turnaround times and greater certainty in the availability of critical treatment chemicals. This improved reliability will help ensure that all treatment plants can consistently meet the relevant legislation, regulatory requirements, and licence conditions imposed on their operations.

Environment and Climate Change

Chemicals are required to help provide better quality effluent and drinking water. Chemicals are used in the STPs to remove phosphorus, correct pH, disinfect and help settle the biomass. Without chemical injection effluent that does not meet the EPL would be released into the rivers and ocean causing environmental impacts and potential health impacts. The panel created via this tender will help create security around chemical supply and delivery.

Economic

Chemicals are a large cost in Water and Sewer operations. By running a tender and getting value or money we may see a slight decrease in cost for the chemical budget.

BVSC pay a load limit exceedance fee to EPA annually. The fee is generated from parameters such as Phosphorus, Biological Oxygen Demand, Nitrogen and Total Suspended Solids. By securing the chemical supply BVSC will be undertaking the due diligence to remove the chemically affected parameters and keep the annual fee low.

Risk

If the panel does not go ahead BVSC will still have to procure chemicals via the exemption form process or 3 quote which has time delays and increases the risk of chemicals not arriving on time.

Social / Cultural

By securing chemical delivery BVSC is securing cleaner waterways and safe drinking water. By undertaking a tender to develop a panel BVSC are chasing value for money.

Attachments

1. RFT 2425-052 - Confidential Memorandum to Councillors (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.

Council 6 May 2026

Item 10.1

10.1. Creation of easement - Cobargo-Bermagui Road, Cobargo

The purpose of this report is to seek Council approval to progress the creation of a drainage easement at Cobargo Bermagui Road, Cobargo in a manner that mitigates legal, financial and infrastructure risks.

Director Organisational Services

Officer’s Recommendation

1. That Council contribute to the survey costs associated with establishing the drainage easement over Lot 1 DP 1169111 at 8–10 Cobargo Bermagui Road, Cobargo, noting that the landowners will remain responsible for all legal costs and NSW Land Registry Services fees.

2. That the Chief Executive Officer be delegated authority to negotiate an acquisition of interest in land within Lot 1 DP 1314367 at 2 Cobargo Bermagui Road, Cobargo, by agreement with the landowner on terms consistent with the Land Acquisition (Just Terms Compensation) Act 1991.

3. If the acquisition of easement cannot be completed by agreement within a reasonable timeframe, Council acquire the required interest in land within Lot 1 DP 1314367 at 2 Cobargo Bermagui Road, Cobargo, by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991, pursuant to sections 186 and 187 of the Local Government Act 1993, and do all things supplemental or incidental to, or consequential for, that purpose.

4. That Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of interest in land within Lot 1 DP 1314367 at 2 Cobargo Bermagui Road, Cobargo, and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents

5. That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of interest in land within Lot 1 DP 1169111 at 8–10 Cobargo Bermagui Road, Cobargo and Lot 1 DP 1314367 at 2 Cobargo Bermagui Road, Cobargo, not requiring the affixing of the Seal of Council.

Executive Summary

This report addresses Condition 39 of Development Consent DA2023.104 for land at 8–10 Cobargo Bermagui Road, Cobargo, which requires the creation of a drainage easement in favour of Council prior to the issue of an Occupation Certificate. The easement is required to protect an existing overland flow path and support Council’s long‑term stormwater management responsibilities.

Council officers have confirmed that the drainage corridor also extends across the adjoining property at 2 Cobargo Bermagui Road, which is not subject to the development consent. As a result, different statutory pathways apply, compliance with the development consent and a potential acquisition process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). Engagement has been undertaken with both landowners to clarify these distinctions.

The report recommends supporting the creation of the drainage easement required under the development consent, including Council contributing to survey costs, and authorising further engagement with the adjoining landowner. This approach secures critical drainage infrastructure, mitigates legal and asset risks, and supports timely activation of the approved development.

Background

Council granted development consent DA2023.104 for development at 8–10 Cobargo–Bermagui Road, Cobargo, which includes Condition 39 requiring the creation of a drainage easement in favour of Council. The purpose of the easement is to protect an existing overland flow path and ensure Council’s long‑term access to, and management of, stormwater infrastructure servicing the catchment.

The applicants have completed all other requirements for the issue of an Occupation Certificate (OC). Their Principal Certifier has advised that a partial OC cannot be issued while Condition 39 remains outstanding.

The applicants have sought legal advice and indicated they may have grounds to seek removal of Condition 39 through the Land and Environment Court. Notwithstanding this, they have expressed a strong preference to resolve the matter cooperatively to avoid litigation and associated delay and cost. The applicants have proposed that they would proceed with creation of the easement, and Council contribute to the surveying costs associated with establishing the easement, while the applicants would fund legal costs and NSW Land Registry Services (NSW LRS) fees.

Their stated objective is to enable timely issue of an OC so they can occupy the dwelling.

As part of progressing the drainage easement required under DA2023.104, Council officers have reviewed the physical extent of the existing overland flow path and associated drainage infrastructure. This review has identified that, in addition to the subject land (Lot 1 DP 1169111), the drainage corridor also traverses the adjoining property at Lot 1 DP 1314367.

While DA2023.104 includes a condition requiring the creation of a drainage easement over the subject site, there is no explicit condition of consent requiring the creation of an easement over the adjoining land. However, establishment of an easement over the adjoining property is necessary to ensure the drainage system is appropriately secured, defined and protected in its entirety, and to support Council’s long‑term ability to manage the infrastructure and mitigate flood risk.

Accordingly, Council has sought preliminary advice from a registered surveyor on the preparation of easement plans over both parcels, recognising that different plan types may be required. This includes the potential use of a sketch plan to support a Transfer Granting Easement for the subject land, and a Deposited Plan with Section 88B Instrument for the adjoining land, should formal registration be required under an compulsory acquisition process. The appropriate pathway will depend on landowner agreement and the final acquisition mechanism.

This matter is being considered as part of Council’s broader assessment of how best to progress the drainage easement arrangements in a practical, legally robust and cost‑effective manner.

Options

The options available to Council are:

1. Support creation of the drainage easement for 8–10 Cobargo Bermagui Road with a shared‑cost approach. Under this option, Council would support the creation of the drainage easement required by Condition 39 of Development Consent DA2023.104 and agree to contribute to the survey costs associated with establishing the easement, as proposed by the landowners. The landowners would remain responsible for the legal costs and all NSW Land Registry Services fees.

This option would enable timely compliance with the development consent, facilitate the issue of the OC, and avoid the risk, delay and cost associated with potential litigation. It also enables Council to properly secure the drainage corridor in a legal manner, protecting long‑term stormwater management outcomes across the catchment. (Recommended)

2. Require full compliance with Condition 39 at the landowners’ cost. Under this option, Council would require the landowners to fully comply with Condition 39 of DA2023.104 at their own cost, including all survey, legal and registration expenses required to create the drainage easement. While this option is consistent with a strict interpretation of the development consent, it carries an increased risk of protracted delay and potential Land and Environment Court proceedings.

Community and Stakeholder Engagement

Targeted stakeholder engagement has been undertaken with the individual landowners affected by the drainage corridor, noting that the statutory pathways and processes applicable to each property are different. Engagement has been tailored to each owner’s specific circumstances, informed by the relevant planning approvals, property interests and legislative requirements.

Engagement undertaken

Council officers have engaged separately with each affected landowner to explain how the drainage line interacts with their respective properties and to outline the different statutory processes that apply.

For the property at 2 Cobargo Bermagui Road, Cobargo, engagement has focused on the fact that no development consent applies which would require the creation of a drainage easement. As a result, any easement over this land would need to be formally acquired by Council. Discussions and subsequent correspondence have explained Council’s preference to progress the matter by agreement where possible, the absence of any proposed drainage works, and the requirement for any acquisition to be undertaken in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

Engagement with the adjoining landowner at 8–10 Cobargo Bermagui Road has occurred separately and has reflected a different process, whereby the drainage outcomes arise in the context of development approvals and associated requirements. Correspondence has clarified roles and responsibilities, including survey and legal processes subject to Council approval, and confirmed that Council infrastructure teams do not propose any civil works within the drainage corridor.

In both cases, engagement to date has been focused on setting expectations, clarifying the different pathways applicable to each property, and ensuring landowners are informed in advance of any matter being reported to Council for decision.

Engagement planned

Subject to Council approval, further engagement will continue on an individual basis with each affected landowner, recognising the different statutory and procedural requirements that apply to each property.

For the property at 2 Cobargo Bermagui Road, Cobargo where an easement would need to be acquired, Council intends to commence formal, without‑prejudice negotiations in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), including engagement regarding survey, valuation, compensation and registration processes. For the property at 8–10 Cobargo Bermagui Road where drainage obligations arise through development consent, engagement will continue to occur through the planning and approvals framework.

No broader community consultation is proposed, as the matter relates to discrete properties and specific drainage infrastructure.

Financial and Resource Considerations

The creation of a drainage easement to satisfy the requirements of the development consent will involve survey, legal and registration costs.

Indicative cost estimates obtained from a registered surveyor for preparation of easement documentation are as follows:

· Sketch plan suitable to accompany a Transfer Granting Easement: approximately $3,025 (incl. GST) per lot.

· Deposited Plan with Section 88B Instrument (including NSW Land Registry Services lodgement): approximately $4,840 (incl. GST) per lot, plus applicable NSW LRS assessment fees.

The total cost to Council will depend on:

· whether a sketch plan or deposited plan is ultimately required,

· whether easement creation over the adjoining land (Lot 1 DP 1314367) proceeds by agreement or requires a more formal acquisition process, and

· the extent of Council’s agreed contribution toward survey costs.

Any approved expenditure will be accommodated within existing operational budgets, subject to final cost confirmation. No additional recurrent financial impacts are anticipated.

Legal /Policy

Condition 39 of Development Consent DA2023.104 requires the creation of a drainage easement in favour of Council over the land at 8–10 Cobargo Bermagui Road, Cobargo as a prerequisite to the issue of an OC. Council has the power under the Environmental Planning and Assessment Act 1979 (NSW) to impose and enforce conditions of consent that are reasonable, relevant to the development and directed toward a proper planning purpose, including stormwater management and flood mitigation.

In relation to the land at 8–10 Cobargo Bermagui Road, the obligation to create the drainage easement arises directly from the development consent. Compliance with Condition 39 may be achieved through agreement between the parties and registration of the required easement documentation, and Council may adopt a flexible administrative approach to facilitate compliance, provided the condition itself is not waived or amended.

Council has considered the litigation risk associated with strict enforcement of Condition 39, including the applicants’ indication that they may seek relief through the NSW Land and Environment Court. Supporting a shared‑cost approach to survey expenses for the land subject to the development consent, without waiving or varying the condition itself, is considered a lawful and proportionate response that mitigates risk while preserving Council’s regulatory position.

By contrast, the adjoining land at 2 Cobargo Bermagui Road, Cobargo is not subject to a Development Consent condition that would require the creation of an easement over that land. Any drainage easement required over the adjoining property would therefore constitute an acquisition of an interest in land by Council. In those circumstances, Council is required to act in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).

Council’s Procedure 4.10.5 Acquisition, Dedication and Disposal of Land or Interests in Land provides that, wherever possible, easements are to be obtained by mutual agreement with landowners, and that compulsory acquisition powers are to be used only where agreement cannot be reached and the easement is required for a public purpose. The recommended approach is consistent with these principles and does not involve compulsory acquisition at this stage.

Any negotiations with the owner of 2 Cobargo Bermagui Road will be undertaken on a without‑prejudice basis and subject to Council approval and will comply with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) should a formal acquisition pathway be pursued.

The proposed approach reflects sound governance principles by recognising the different legal frameworks applying to each property, acting reasonably and transparently, and protecting Council’s long‑term stormwater infrastructure and asset interests.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The matter aligns with Council’s Delivery Plan 2025–2029 commitment to effective asset stewardship and infrastructure management, particularly in relation to stormwater, drainage and flood mitigation infrastructure. Securing drainage easements supports Council’s role in maintaining and managing public infrastructure that protects property, reduces flood risk and supports long‑term service delivery outcomes.

The recommended approach also aligns with Council’s governance and regulatory service objectives, including the fair, transparent and proportionate administration of development consents, and the resolution of compliance matters in a manner that is legally robust while supporting timely development outcomes. By facilitating compliance with an existing condition of consent, the proposal supports efficient regulatory processes without compromising Council’s statutory responsibilities.

Environment and Climate Change

The proposal supports the protection and ongoing management of an existing natural overland flow path that forms part of the local stormwater and drainage network. Formalising drainage easements ensures that natural flow paths are appropriately defined, protected from obstruction and able to function as intended during storm events, thereby reducing flood risk to surrounding properties and infrastructure.

The approach does not involve the construction of new drainage infrastructure or modification of the existing drainage corridor. Council’s infrastructure teams have confirmed that there are no current or planned works to pipe, line or otherwise alter the natural drainage line, which will continue to function in its existing state. Accordingly, no adverse environmental impacts are anticipated because of the proposal.

Securing the drainage corridor through appropriate legal mechanisms supports Council’s broader climate resilience objectives by maintaining the capacity of natural drainage systems to manage increased rainfall intensity and stormwater runoff associated with climate variability and change. The proposal aligns with best‑practice principles that favour passive, nature‑based stormwater solutions where feasible, rather than reliance on hard infrastructure.

Economic

The proposal enables timely compliance with the development consent, supporting issue of an OC.

By resolving the matter cooperatively, the approach minimises delay, litigation risk and associated costs, while securing drainage infrastructure and reducing potential future costs related to flood damage and reactive works.

Risk

The risks associated with this report align directly with several Council’s identified Strategic Risks:

Assets and Infrastructure: The drainage corridor is critical stormwater infrastructure servicing the local catchment. Failure to secure the required drainage easements increases the risk that Council may be unable to effectively manage, access or protect the overland flow path, potentially resulting in increased flooding impacts, reactive maintenance and higher long‑term infrastructure costs. Progressing formal easement arrangements mitigates this risk by securing Council’s long‑term access and management rights over the drainage corridor and supporting proactive asset management.

Climate Change: Increased rainfall intensity and more frequent storm events heighten the importance of clearly defined and protected drainage pathways. Securing the drainage corridor supports Council’s climate adaptation response by maintaining natural flood conveyance and reducing exposure to climate‑related flood impacts.

Disaster or Catastrophic Event: Inadequately protected drainage infrastructure increases Council’s exposure during flood events, potentially impacting public safety, service continuity and post‑event recovery. Formalising drainage easements mitigates this risk by ensuring stormwater pathways remain functional and legally protected during and following disaster events.

Regulatory and Statutory Compliance: Failure to appropriately address Condition 39 of Development Consent DA2023.104 may expose Council to regulatory non‑compliance and litigation risk. Delays or inconsistent application of statutory processes may result in challenge through the NSW Land and Environment Court. The recommended approach mitigates this risk by facilitating lawful compliance with the development consent while applying appropriate statutory processes to each affected landowner.

Effective Civic Leadership: Prolonged delay or perceived inconsistency in decision‑making may undermine community trust and confidence in Council’s governance. Progressing a transparent, proportionate and policy‑aligned approach demonstrates sound civic leadership, good‑faith engagement with landowners and responsible management of public infrastructure in the public interest.

Social / Cultural

The proposal supports the timely occupation and use of an approved development, contributing to community activation and local amenity in Cobargo. Facilitating a cooperative and transparent process also supports positive relationships between Council and landowners by ensuring fairness, clarity and procedural integrity.

Attachments

Nil

Council 6 May 2026

Item 10.2

10.2. Eden Kindergarten Reserve 89653 – Crown Land Manager Arrangements

This report considers the future management and statutory options for Eden Kindergarten Reserve 89653, including potential changes to Crown Land Manager arrangements and reserve purpose, in response to the site no longer being required for Council operations and a request from Eden Local Aboriginal Land Council.

Director Organisational Services

Officer’s Recommendation

1. That Council make an application to the NSW Department of Planning, Industry and Environment under section 3.3 of the Crown Land Management Act 2016 (NSW) to revoke Council’s appointment as Crown Land Manager of Eden Kindergarten Reserve 89653.

2. That Council make an application to the NSW Department of Planning, Industry and Environment under section 2.14 of the Crown Land Management Act 2016 (NSW) for an additional reserve purpose of Community Purposes to be added to Eden Kindergarten Reserve 89653.

3. That Council delegate authority to the Chief Executive Officer to execute on behalf of Council any documents and take any actions necessary to give effect to the applications to the NSW Department of Planning, Industry and Environment.

Executive Summary

Eden Kindergarten Reserve 89653 is Crown land reserved for Kindergarten purposes, with Council currently appointed as Crown Land Manager. Following the consolidation of preschool services into the Eden Early Learning Centre, the Eden Kindergarten building is surplus to Council’s operational needs. In September 2024, an Aboriginal Land Claim (ALC 56619) was lodged over the site, and Eden Local Aboriginal Land Council (Eden LALC) subsequently requested that Council’s Crown Land Manager role be transferred to support broader community and health‑related uses.

Council sought advice from Crown Lands, which confirmed that Crown Land Manager appointments cannot be transferred but may be revoked, subject to Ministerial approval and due diligence. This report outlines the legal framework, risks and options for Council, including whether to retain its appointment or progress revocation and an application for an additional reserve purpose.

Any change to land management arrangements requires Council resolution and further statutory approvals before the site can be activated or developed.

Background

Eden Kindergarten Reserve 89653 is Crown land reserved for Kindergarten purposes, with Bega Valley Shire Council currently appointed as Crown Land Manager.

Council’s Children’s Services previously operated from two sites in Eden, the Preschool building located on Eden Kindergarten Reserve 89653 and the Eden Early Learning Centre. Preschool services were subsequently consolidated into the Eden Early Learning Centre, resulting in the Eden Kindergarten building no longer being required.

Therefore, the Eden Kindergarten building has remained surplus to Council’s operational needs. This has prompted consideration of alternative uses for the site and engagement with the Eden Local Aboriginal Land Council (Eden LALC) regarding potential future management and activation of the reserve, particularly following the lodgement of a new Aboriginal Land Claim (ALC 56619) in September 2024.

In October 2024, Eden LALC formally approached Council requesting that Council’s appointment as Crown Land Manager be transferred to Eden LALC. In making this request, Eden LALC outlined aspirations to activate the site for broader community and health‑related uses, potentially including a medical or health services facility.

Council officers sought advice from NSW Crown Lands regarding whether Council’s appointment as Crown Land Manager could be transferred to another entity. Written advice was subsequently obtained outlining the legislative framework, available management pathways and matters requiring consideration should Council wish to pursue a change to existing arrangements. This advice was shared with Eden LALC.

NSW Crown Lands advised that appointments as Crown Land Manager cannot be transferred between entities. Council may, however, request revocation of its appointment, in which case all built assets on the reserve would revert to the Crown and no compensation would be payable to Council. NSW Crown Lands further advised that Eden LALC may seek appointment as a non‑Council Category 2 corporate Crown Land Manager at the same time, and that, if approved, the revocation of Council’s appointment and the appointment of Eden LALC could be gazetted concurrently. To support any request for revocation, NSW Crown Lands indicated that a current property condition report and a valuation of Council‑funded built assets on the reserve would be required.

In this context, a building defects assessment was obtained in February 2024 from an external consultant in relation to the Eden Preschool building. The assessment identified a range of defects and maintenance matters, some of which required priority attention, and this subsequently prompted targeted repair and maintenance works by Council.

In addition, a building asset valuation was undertaken as part of Council’s 2024 Buildings Revaluation, carried out by APV Valuers & Asset Management. The Eden Preschool building was assigned a current value of $451,771 as at 30 June 2024 and recorded in the Asset Level Report and associated component and insurance valuation schedules.

Eden Kindergarten Reserve 89653 is currently dedicated for the reserve purpose of Kindergarten. This reserve purpose does not permit the broader community and health‑related uses proposed by Eden LALC. Under section 2.14 of the Crown Land Management Act 2016 (NSW) (CLM Act), the Minister may authorise Crown land to be used for one or more additional purposes by notice published in the Gazette. A resolution of Council is required to make an application to the Minister seeking approval for any additional reserve purpose.

Should Council support progressing Eden LALC’s request, a separate Ministerial application would be required to seek approval for an additional reserve purpose of “Community Purposes”, to enable consideration of broader community‑based uses consistent with Eden LALC’s aspirations.

Any application for an additional reserve purpose would be subject to assessment by NSW Crown Lands in accordance with the CLM Act, consideration of undetermined Aboriginal Land Claims and the existing Native Title claim, and the preparation of a comprehensive Native Title status report. Crown Lands has advised that such a report would need to be supported by Council records, including relevant development approvals, works history and any leasing or licensing arrangements.

Approval of an additional reserve purpose does not authorise development. Any future development or change of use would remain subject to separate planning approval processes under the Environmental Planning and Assessment Act 1979 (NSW).

The application for an additional reserve purpose is separate from, and may run concurrently with, any request to revoke or vary Council’s appointment as Crown Land Manager.

Engagement with Eden LALC has continued, with Eden LALC requesting that Council progress this matter through a formal report to Council seeking revocation of Council’s appointment as Crown Land Manager and the addition of a broader reserve purpose to support potential future uses of the site.

Options

The options available to Council are:

1. Revoke Council’s appointment as Crown Land Manager. Under this option, Council would request revocation of its appointment as Crown Land Manager, enabling the Eden LALC to seek appointment as a non‑Council Category 2 Crown Land Manager. If Council’s appointment is revoked, all built assets on the reserve would revert to the Crown and no compensation would be payable to Council. Council would relinquish ownership, control and ongoing liability associated with the site. (Recommended)

2. Maintain the status quo with Council retaining appointment as Crown Land Manager. Under this option, Council would retain its appointment as Crown Land Manager and no change to management arrangements would be pursued at this time. Eden LALC’s proposed uses would be unable to proceed while the Aboriginal Land Claim process remains unresolved. The site was vacant at the time Aboriginal Land Claim ALC 56619 was lodged in September 2024 and, as a result, Council is limited in its ability to grant use or occupation of the land while the claim remains undetermined. Consequently, the site is not currently available for activation or community use, limiting Council’s ability to progress alternative uses during this period.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have undertaken ongoing engagement with the Eden LALC in relation to Eden Kindergarten Reserve 89653. This has included discussions and site engagement coordinated through the Director Community, Environment and Planning.

On 14 April 2026, Council officers met with representatives of Eden LALC to discuss the site, its current status, and Eden LALC’s aspirations for future use. The meeting provided an opportunity to clarify Crown land processes, outline the constraints associated with the existing reserve purpose and the undetermined Aboriginal Land Claim, and discuss potential pathways for progressing management and activation of the site.

Council officers have engaged with NSW Crown Lands to seek advice on the legislative framework and available options relating to Crown Land Manager arrangements and potential changes to the reserve purpose. Formal written advice has been received outlining the statutory pathways, procedural requirements and matters requiring consideration should Council wish to progress any change in management or reserve purpose.

Following the meeting with Eden LALC, Council officers have continued internal liaison and have advised Eden LALC that its request will be progressed through a formal report to Council for consideration.

Engagement planned

Subject to Council’s resolution, Council officers will continue to engage with the Eden LALC to communicate Council’s decision and outline the next steps, including any agreed pathway for progressing Crown land management arrangements and/or an application for an additional reserve purpose.

Ongoing liaison will also occur with Crown Lands to confirm procedural requirements, evidentiary expectations and timeframes associated with any proposed application to revoke or vary Crown Land Manager arrangements and to seek Ministerial approval for an additional reserve purpose, should Council resolve to proceed.

Further engagement with relevant internal stakeholders will be undertaken to support preparation of any required documentation, including the compilation of Council records to inform Native Title and Aboriginal Land Claim considerations.

Should Council endorse progressing applications under the CLM Act, Eden LALC and Crown Lands will be kept informed throughout the process, noting that no change to land use or management arrangements can occur unless and until all statutory approvals are obtained.

Financial and Resource Considerations

Should Council resolve to progress any change to Crown Land Manager arrangements and/or seek Ministerial approval for an additional reserve purpose, costs may be incurred. This may include the need to obtain Native Title advice, updated building assessment and an updated valuation of the building may also be required by Crown Lands to progress any request for revocation of Council’s Crown Land Manager appointment.

While Council remains Crown Land Manager, ongoing operational costs continue to be incurred. These costs include routine maintenance, inspections and asset management activities. The site is currently unable to generate any income and, due to the undetermined Aboriginal Land Claim and existing reserve purpose, Council’s ability to activate or lease the site is constrained, resulting in ongoing holding costs without a corresponding revenue stream.

Officer time will be required to prepare and submit any necessary applications, compile supporting documentation and liaise with Crown Lands, Eden LALC and relevant advisers. These activities are expected to be managed within existing staff resources.

At this stage, Crown Lands has advised that there is no known application fees associated with requests to revoke or vary a Crown Land Manager appointment or to seek approval for an additional reserve purpose under the CLM Act. Any future financial implications arising from changes to land management arrangements, asset ownership or redevelopment proposals would be subject to separate Council consideration and budget approval.

Legal /Policy

Eden Kindergarten Reserve 89653 is Crown land managed under the CLM Act. Any proposal to revoke or vary Council’s appointment as Crown Land Manager, or to seek approval for an additional reserve purpose, must comply with the requirements of that Act and relevant Ministerial processes.

Under section 2.14 of the CLM Act, the Minister may authorise Crown land to be used for additional purposes by notice published in the Gazette. Any application for an additional reserve purpose must consider Native Title and Aboriginal Land Claim matters.

In accordance with section 377(1)(s) of the Local Government Act 1993 (NSW), the making of an application to the Minister is a non‑delegable function of Council and must be authorised by a resolution of Council.

Approval of an additional reserve purpose or a change to Crown Land Manager arrangements does not authorise development. Any future development or use of the land would remain subject to the Environmental Planning and Assessment Act 1979 (NSW).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The consideration of Crown land management arrangements for Eden Kindergarten Reserve 89653 supports Council’s objectives under the adopted Delivery Program 2025–2029 to responsibly manage land under its care or control, ensure decisions are made lawfully and transparently, and address legacy tenure and governance matters where they arise. Progressing this matter through a formal Council report reflects Council’s commitment to strong governance, compliance with statutory obligations and sound decision‑making.

The report also aligns with Council’s focus on effective asset management and stewardship by addressing the ongoing holding and maintenance costs associated with under‑utilised assets, and by considering opportunities for land to be managed or activated in a manner that better aligns with current and future community needs, subject to legislative constraints.

In addition, the proposed engagement with Eden LALC and Crown Lands supports Council’s commitment to collaboration with Aboriginal organisations and State agencies, and to ensuring appropriate consideration of Aboriginal Land Claims and Native Title matters in accordance with legislative requirements.

Environment and Climate Change

There are no direct environmental or climate change impacts associated with this report. The matters considered relate to governance, land management arrangements and statutory processes. Any future use or development of the site would be subject to separate assessment under relevant planning and environmental legislation, including consideration of environmental and climate change impacts at that time.

Economic

While Council remains Crown Land Manager, the Eden Kindergarten site incurs ongoing holding and maintenance costs without generating income. Consideration of alternative land management arrangements or a broader reserve purpose may, over time, support more economically productive use of the site for community or service‑based activities, subject to legislative approvals.

Any broader economic benefits associated with future activation or development of the site would be considered as part of separate Council reports and approval processes.

Risk

Should Council retain its appointment as Crown Land Manager while the site remains surplus to operational needs, there is an ongoing financial risk associated with holding and maintaining an under‑utilised asset that is unable to generate income. These holding costs may continue for an extended period while the Aboriginal Land Claim remains undetermined.

There is also a regulatory and statutory compliance risk if any change to land management arrangements or reserve purpose is progressed without full adherence to the requirements of the CLM Act, the Aboriginal Land Rights Act 1983 (NSW) and the Native Title Act 1993 (Cth). This risk is mitigated by seeking formal advice from Crown Lands, progressing matters through Council resolution, and ensuring appropriate evidentiary material is obtained to support any applications.

Reputational risk may arise if community expectations regarding activation or transfer of the site are not managed carefully. This risk is mitigated through transparent engagement with Eden LALC, clear communication of Council’s statutory obligations, and resolution of the matter through a formal Council report.

Social / Cultural

The Eden Kindergarten site holds social and cultural significance within the local community, having historically accommodated early childhood education services. While the facility is no longer required for Council’s Children’s Services operations, it remains an identified community asset within Eden.

The engagement with Eden LALC reflects Council’s commitment to respectful collaboration with Aboriginal organisations and recognition of the cultural significance of land to Aboriginal people. Consideration of Eden LALC’s aspirations for community and health‑related uses provides an opportunity to support culturally appropriate outcomes, subject to statutory processes and approvals.

Attachments

Nil

Council 6 May 2026

Item 11.1

11.1. Exhibition of Integrated Planning and Reporting documents

This report recommends that a suite of Integrated Planning and Reporting documents including an outline of the services, projects and initiatives to be delivered over the next four years be considered by Council and placed on exhibition.

Manager Engagement and Corporate Strategy

Officer’s Recommendation

That:

1. The draft Delivery Plan 2026-2030, draft Long Term Financial Plan 2026-2035, draft Strategic Asset Management Plan 2026-2030, draft Revenue Policy 2026-2027 and draft Fees and Charges 2026-2027 be placed on public exhibition for 28 days from 7 May 2026 to 5 June 2026.

2. Council hosts a total of four community meetings and one webinar during the exhibition period to share the plans and receive feedback. A meeting will be held in the towns of Eden, Merimbula, Bega and Bermagui during May 2026.

3. Following public exhibition, further reports be provided to Council for consideration of submissions and adoption of the draft Delivery Program 2026-2030, draft Long Term Financial Plan 2026-2035, draft Strategic Asset Management Plan 2026-2030, draft Revenue Policy 2026-2027 and, draft Fees and Charges 2026-2027 at the Council meeting on 22 June 2026.

Executive Summary

Under the NSW Integrated Planning and Reporting (IPR) framework established by the Local Government Act 1993, councils are required to prepare and review a suite of strategic and operational planning documents. These documents include a Community Strategic Plan, a Resourcing Strategy (incorporating the Long Term Financial Plan, Strategic Asset Management Plan, Workforce Strategy and Digital Services Strategy), a Delivery Program and an Operational Plan (sections 402–405, Local Government Act 1993). Councils are also required to adopt an annual Revenue Policy, budget and Schedule of Fees and Charges (section 223 and section 608).

Councillors and staff have collaborated to prepare an updated suite of Integrated Planning and Reporting documents to support delivery of the CSP for the 2026–27 financial year and forward planning period. These draft documents are proposed to be placed on public exhibition for a minimum of 28 days in accordance with the Local Government Act 1993 and the Office of Local Government’s Integrated Planning and Reporting Guidelines.

Council is seeking community feedback on the draft suite of documents and a series of community meetings will be held in May. Council welcomes submissions on these important planning documents.

Council continues to refine and improve its IPR practices. For the 2026–2030 planning period, Council has prepared a single four‑year Delivery Plan that integrates the former Delivery Program and annual Operational Plan. This approach improves clarity and transparency, reduces duplication, and provides a consolidated view of Council’s services, projects and actions across the Council term, while continuing to meet the requirements of sections 404 and 405 of the Local Government Act 1993.

Background

The Local Government Act 1993 requires all NSW councils to prepare, review and adopt key integrated planning documents under the Integrated Planning and Reporting (IPR) framework. These include a Community Strategic Plan, Delivery Program, Operational Plan, Resourcing Strategy, Revenue Policy and Schedule of Fees and Charges (sections 402–405, section 223 and section 608).

Council adopted the Community Strategic Plan (CSP) 2042 in June 2025 following the local government elections, in accordance with section 402 of the Local Government Act 1993. The CSP sets the long‑term vision, outcomes and priorities for the shire and is informed by community engagement.

Delivering the outcomes articulated in the CSP relies on shared decision‑making and effective partnerships with government agencies, non‑government organisations, business and the community, consistent with the principles of the IPR framework and the Office of Local Government’s Integrated Planning and Reporting Guidelines.

The Resourcing Strategy supports implementation of the Delivery Plan by identifying the assets, workforce, financial capacity and systems required to deliver Council’s services. The Resourcing Strategy comprises the Long Term Financial Plan, Strategic Asset Management Plan, Workforce Strategy and Digital Services Strategy, as required under section 403 of the Local Government Act 1993. The Workforce Strategy and Digital Services Strategy adopted in 2025 remain current and we do not intend to review them until the next term of Council.

For the 2026–2030 planning period, Council has integrated the four‑year Delivery Program and the annual Operational Plan into a single Delivery Plan. This approach provides a streamlined and consistent planning document that clearly outlines Council’s planned services, projects and actions over the coming four years, reduces duplication across planning documents, and continues to meet Council’s statutory obligations under sections 404 and 405 of the Local Government Act 1993.

The draft suite of Integrated Planning and Reporting documents included in this report has been prepared for public exhibition in accordance with legislative requirements. Submissions received during the exhibition period will be considered and, where appropriate, incorporated prior to a further report being presented to Council seeking adoption of the final documents.

The diagram below illustrates the relationship between the Community Strategic Plan, Delivery Plan and Resourcing Strategy within the IPR framework, and highlights the importance of ongoing community engagement, monitoring and evaluation. A diagram of a community strategy plan

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Delivery Plan 2026-2030

The Delivery Plan details the services and projects Council will deliver over the next four-years. It is the result of rigorous planning and prioritisation and aims to provide the best value services to the community. The Delivery Plan details the capital program over the next 4 years that sees over $339 million invested in our assets. It also outlines the day-to-day core business %that our 29 service areas deliver, along with 3 cross-organisational priority projects and 127 focus projects to improve the services we provide.

The Delivery Plan 2026-2030 is structured around Council’s three different roles:

· Provide: Services, facilities, infrastructure, programs, planning and engagement.

· Collaborate: Partner with community, business and industry, other councils, and other tiers of government.

· Advocate: Amplify the voice of our community to get the best possible outcomes.

The Draft Delivery Plan 2026-2030 and its two appendices is Attachment 1 in this report.

Resourcing Strategy

Long Term Financial Plan

The Long Term Financial Plan (LTFP) was last updated in June 2025. The draft 2026-35 LTFP includes three scenarios for the general fund: scenarios A, B and C. These scenarios illustrate different levels of service and project delivery, each aligned to the income required to make them viable. To deliver the projects and services included in scenarios A and B would require significantly more funding. The draft Delivery Plan assumes the adoption of scenario C as Council’s budget. The LTFP also identifies potential funding pathways for scenarios A and B to illustrate the requirements for a more ambitious delivery program.

The LTFP is compiled using a range of estimates and assumptions to project the future revenue and expenditure required by Council to deliver the services and projects we have planned. These estimates and assumptions are based on what we know now and will change as we understand more about the external impacts on our plans. Council is monitoring the impacts of global events, inflated fuel prices and potential supply chain implications. Further revisions to the LTFP may be required prior to adoption or implemented through the quarterly budget review process.

The LTFP helps to make informed decisions about what we can afford and when we need to invest funds to keep services running smoothly, avoid running out of cash and to ensure future generations are considered.

The Draft Long Term Financial Plan 2026-2035 is Attachment 2 to this report.

Strategic Asset Management Plan

Council manages and maintains more than $2 billion worth of assets, which enable us to provide services to our community. These assets include roads, drainage, pathways, water and sewer infrastructure, community facilities, parks and recreational facilities, administration buildings, cemeteries, works depots, plant and vehicle fleet and the Merimbula Airport. The level of service delivered by these assets is largely determined by the way they are maintained and operated within Council’s available resources.

The Strategic Asset Management Plan (SAMP) sets out the broad framework for undertaking structured and coordinated management of Council’s assets in accordance with Council’s Asset Management Policy. It outlines key principles that underpin our approach to providing the assets that are essential to our community. Supporting the SAMP are detailed Asset Management Plans (AMPs) for each asset class, which are living documents that are continually updated and refined. Summaries of the AMPs are included in the SAMP.

The SAMP must be considered in conjunction with the Long Term Financial Plan 2026-35, that outlines the available funding under three different revenue options. Aligned with those three revenue options are three different capital programs to describe what asset maintenance, renewal and upgrades can be achieved within each option.

We have a vast number of assets spread across our shire that depreciate every year, and we have insufficient funds to adequately maintain and renew them. This reality underscores the importance of planning, continuous improvement and clearly articulating the resourcing gaps we have in meeting our asset management responsibilities.

The Draft Strategic Asset Management Plan 2026-2030 is Attachment 3 to this report.

Revenue Policy

The draft Revenue Policy 2026-27 outlines the proposed rating structure, pensioner rebates, borrowings, debt recovery, transfer of rates and supply charges for water, sewer and waste services.

Council general rates are proposed to increase by the IPART advised rate peg of 3.5%. Water and Sewer access and usage charges are set to increase by 3.5% in alignment with the rate peg. Waste charges will be increased by 4.7%. The 4.7% increase is an overall revenue increase across all waste charges due to increased recycling costs. Our draft 2026-27 budget (scenario C) has been developed assuming this level of rate increase will be adopted.

Projected General Rates Income

The rate peg for 2026-27 is set at 3.5%.

Category	Base Rate $	Ad-valorem Amount ¢ in dollar	Base rate %	Number of Assessments	Rate Yield $	Rate Yield %
Residential	878	0.00250469	46	18,862	36,358,601	84
Farmland	878	0.00250469	25	786	2,765,705	6
Business	878	0.00671913	18	891	4,402,389	10
Mining	0	0	0	0	0	0
			TOTAL	20,539	$43,526,595	100

Council will conduct a review of the rating structure during the 2027 financial year. This review will focus on ensuring our rating structure is fair and equitable for all ratepayers.

The Draft Revenue Policy 2026-27 is Attachment 4 to this report.

Fees and Charges

In accordance with Section 608 of the Local Government Act 1993 and other relevant legislation, Council is authorised to charge and recover approved fees and charges for any service it provides. All Council’s fees and charges are reviewed on an annual basis prior to finalisation of Council’s budget and several Council facility management committees have provided their input into the draft fees and charges.

Fees and charges in general (not including statutory fees, fees set by management committees or those aligned with CPI) have been increased by 3.5%, aligned with rate peg. There are several proposed changes to the draft fees and charges for this year as outlined below.

· A new tiered approach to community halls and sportsgrounds fees is proposed. Council plans to implementing a new halls and sportsground booking platform in July 2026 to streamline facility booking. The platform will support the proposed revised approach.

· Developer fees for car parking are proposed to increase in accordance with Council’s revised Voluntary Planning Agreements Policy which was adopted on 14 August 2024. These changes were accidently omitted from the 2025-2026 fees and charges.

The Draft Fees and Charges 2026-27 are Attachment 5 to this report.

Options

Council has a range of options when considering the recommendations included in this report. Delaying the exhibition of the IPR documents will have future impacts.

The Officer’s recommendations in this report will ensure Council meets its legislative responsibilities to have the suite of IPR documents adopted by 30 June 2026.

Community and Stakeholder Engagement

Engagement undertaken

Extensive internal engagement has been undertaken in the development of these IPR documents. Councillors have been engaged in the development of these documents, and the Audit Risk and Improvement Committee will review them at its next meeting.

Engagement planned

Council will engage with the community from 7 May 2026 to close of business on 5 June 2026 by:

· Making the IPR suite of documents available for the community to read on Council’s website, in our public libraries and at the customer service counter in Zingel Place, Bega

· Informing the community about the public exhibition through the media, social media and Council’s newsletters; inviting the community to provide feedback through a Have Your Say page on Council’s website.

· Notifying and inviting community associations, groups and business chambers to have their say.

· Undertaking a series of community events and a webinar where Councillors and senior Council staff will be in attendance to discuss the draft IPR documents as per the schedule below.

LOCATION	DATE	TIME
Bega	13 May 2026	5pm-6pm
Merimbula	14 May 2026	4pm-5pm
Eden	18 May 2026	5pm-6pm
Webinar (online)	19 May 2026	5pm-6pm
Bermagui	25 May 2026	5pm-6pm

Submissions will be acknowledged and considered by Council officers and included in the 22 June 2026 report to Council prior adoption of the suite of IPR documents.

Financial and Resource Considerations

The Delivery Plan and Resourcing Strategy documents summarise how Council will allocate the revenue it receives from rates, charges, fees, developer contributions, loans and grants.

Council manages assets valued over $2 billion and delivers a vast range of services that our community relies upon. Almost 80% of the shire local government area (LGA) is National Parks, State Forest or public reserve that provides no rateable income. Council has been crippled by rising costs to maintain assets, well above rate peg. If Council doesn’t spend the adequate amount on assets now, we risk further deterioration, costing us all much more in the long run, particularly on our road and bridge networks. This has significant financial implications for Council and the community, both now and for future generations.

Council employs close to 450 staff and the continued financial pressures we face impacts our service delivery and organisational culture. Our staff live and work here and are driven to deliver for the community and doing so in a financially constrained environment is difficult. Council struggles to compete with the private sector to obtain and retain the skills and talent we need to deliver our services with salary structures tied to the Local Government Award.

The focus in developing the ten-year Long Term Financial Plan, four-year Delivery Plan and annual budgets is to ensure long term financial sustainability while ensuring the continued delivery of a broad range of services and capital works informed by Council’s underlying strategies.

Legal /Policy

Section 404 of the Local Government Act 1993 requires Council to have a Delivery Program to implement the strategies established in its Community Strategic Plan, within the resources available as identified under the Resourcing Strategy. The Delivery Program draws on and implements actions contained in adopted Council policy documents.

Section 405 of the Local Government Act 1993 requires Council to adopt an Operational Plan before the beginning of each financial year which details the activities to be engaged in by the Council during the year as part of the Delivery Program. The Delivery Plan 2026-2030 will fulfill the Act requirements by providing a detailed 4 year plan, commensurate with a typical Operational Plan, for activities the Council will undertake within each year.

The Office of Local Government’s Integrated Planning and Reporting Guidelines and Handbook are comprehensive tools which have been used in the revision of this suite of IPR documents.

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made prior to adoption.

Section 223 of the Local Government Act 1993 requires Council to develop a rating and revenue policy. The revenue policy must include the statements and particulars required by legislation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council has a responsibility to ensure that adequate services are provided to the community, and that financial planning is transparent to provide confidence in Council’s ability to deliver on the community’s priorities.

The IPR documents once exhibited and adopted, will guide the Council’s operations. The suite of documents is integral to Council delivering on its numerous plans and strategies. In particular, the documents support the following adopted strategies.

CSP 2042 Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP 2042 Strategy: E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

Delivery Program 2025-2029 Corporate Planning and Improvement – Core Business – Implement and monitor the Integrated Planning and Reporting (IPR) Framework

Environment and Climate Change

Council’s LTFP models the ongoing financial need to maintain our current levels of service. Council’s financial sustainability is impacted by numerous factors including the increasing frequency and severity of weather events on Council’s infrastructure. Our assets team continue to consider the implications of maintaining and renewing our existing assets within a changing climate.

Several of the Delivery Plan 2026-2030 focus projects listed support the implementation of Council’s adopted Climate Resilience Strategy, amongst other environmental focussed work.

Economic

As one of the Bega Valley Shire’s largest employers and consumers of a range of services, Council has a significant role to play in the local economy. It is acknowledged that adjustments in Council’s annual operating budgets and long-term financial planning have flow on effects to the local economy and this is considered as part of the LTFP and annual budget development process.

The budget for next financial year continues to see investment in resources that support our local economy as an employer and service provider and as a procurer of local works and services.

Risk

The forward focussed IPR and annual budget development process helps to provide transparency and accountability into the financial management and forward planning of Council. This aims to reduce financial, reputational and organisational risks. IPR aligns strategic goals, financial planning, and operational activities to help reduce risk in the services we provide.

Improves decision-making with better information

IPR requires councils to take a holistic view of their operations—linking long-term goals (like the Community Strategic Plans) with shorter term plans including the four year Delivery Plan and Resourcing Strategy documents. This alignment helps identify potential risks early, such as:

· Financial sustainability risks

· Asset management issues

· Community dissatisfaction

By having clearer visibility of long-term goals and current capabilities, Council can make informed decisions that mitigate future problems.

Reduces financial risk

Through financial planning components like the Long Term Financial Pans and the Strategic Asset Management Plan council can:

· Forecast funding shortfalls

· Prepare for economic and population shifts

· Avoid overcommitting resources

This forward planning minimises surprises and ensures Council can be financially resilient.

Supports proactive asset management

Many of Councils risks are tied to physical assets—roads, buildings, parks, etc. Integrated planning approaches includes consideration of key asset data and the need we have to maintain or renew assets. We can better understand:

· Asset condition assessments

· Maintenance schedules

· Renewal and upgrade plans

This reduces the risk of asset failure, unexpected repair costs, or public safety issues.

Engages the community and key stakeholders

IPR includes community engagement, which:

· Surfaces hidden or emerging risks early (e.g. social, environmental)

· Builds trust and transparency

· Helps manage reputational risk

Engaged communities are more likely to support decisions and understand trade-offs.

Promotes accountability and continuous improvement

Integrated planning and reporting means risks are regularly reviewed through:

· Quarterly progress and financial reports

· Annual reports

· Audits, service reviews and performance monitoring

This ensures plans stay relevant and risks are reassessed as circumstances change.

Social / Cultural

Council has insight into what the community wants through our IPR and community engagement initiatives; and knows that our community places a high priority on maintaining our current levels of service. Council manages over $2 billion worth of assets. We are a large shire (by area) and maintaining and renewing these assets is expensive. We also have a relatively small number of ratepayers compared to the size of our shire and vast areas of state and national parks and forests from which we are unable to generate income.

The documents being placed on public exhibition will have future social and cultural implications. The challenge Council faces is balancing affordability with the community’s desire to maintain our current levels of service. Impacts of the proposed budget once adopted will be monitored throughout the year and any adjustments needed is done through the quarterly budget review process.

Regional Circularity Cooperative membership

The draft budget includes a vast number of expenditure items. One item that is unique and recommended for inclusion in the budget is an annual $2,000 membership for the Regional Circularity Cooperative. Council was a founding member of the Cooperative in 2022 but withdrew from membership in 2023 following the Cooperative’s success in securing funding for the National Circularity Centre. With the Centre now having obtained development consent, the risk of conflicts of interest has reduced. Staff recommend renewing Council’s membership to support its role as a key participant in the Bega Circular Valley program.

Attachments

1 ⇩. Draft Delivery Plan 2026-2030

2 ⇩. Draft Long Term Financial Plan 2026-2036

3 ⇩. Draft Strategic Asset Management Plan incl AMP summaries 2025-2030

4 ⇩. Draft Revenue Policy 2026-27

5 ⇩. Draft Fees and Charges 2026-2027

Council 6 May 2026

Item 11.2

11.2. Cuttagee Bridge

This report provides a recommendation on seeking additional funding for Cuttagee Bridge.

Chief Executive Officer

Officer’s Recommendation

It is recommended that:

1. Council write to the NSW Government requesting that the State fully fund the project noting it would be on the condition that it becomes a bridge in line with the two lane hybrid structure with decorative timber, attached shared pathway and handrails concept, as presented to the 12 November 2025 Council meeting and that staff work with TfNSW to fast track the project as much as reasonably practicable.

2. Delegate the CEO to negotiate and implement a revised funding deed

Executive Summary

Council has received correspondence from Transport for NSW that offers unspecified additional financial support to enable the completion of the Cuttagee Bridge project with several associated caveats. This report provides a recommended response to the offer and discusses benefits and risks of different options.

Background

The Cuttagee bridge replacement project has a well-documented history, with the most recent Council report on the project presented to the 12 November 2025 Council meeting. The report can be viewed on council’s website here:

https://begavalley.infocouncil.biz/Open/2025/11/OC_12112025_AGN_1081_AT_WEB.htm

At the 12 November 2025 Council meeting, Council resolved as follows:

1. Progress option 3 as outlined in the report and in alignment with the funding deed to detailed design and planning for the replacement of Cuttagee Bridge.

2. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered.

Since that meeting staff have been working with GHD as the appointed project management and contract administration consultants to progress detailed design and environmental assessments in line with the requirements and milestones of the funding deed between Council and TfNSW. Council staff and TfNSW have continued to work constructively and collaboratively on delivering the project in accordance with the deed and the resolutions of council.

On 21 April 2026 Council executives promptly met with senior TfNSW officials at the request of TfNSW to discuss the project. During the meeting TfNSW indicated that there may be an opportunity for council to seek a funding variation to the project however it was likely any additional funding would come with some caveats. Out of the meeting it was agreed that council would be very willing to explore the opportunity for additional funding and would consider any associated requirements.

Despite media reports, Council received official correspondence from TfNSW on 23 April 2026 as attached to this report. Subsequent to the letter received, Councils CEO sought clarification, particularly relating to the anticipated expectations associated with the funding to ensure that the consequences of any additional funding were clearly understood by all parties. Additionally, clarification was sought as to the accuracy of media reports that TfNSW was offering to embed an experienced Engineer within Council to further support delivery of the project. At the time of publish this report a response had not been received.

Since receiving the correspondence from TfNSW, Council staff have consulted the appointed bridge designers to determine any time and cost associated impacts as a result of changing the design of the bridge that has recently been finalised. Their advice has been that should the design to be moved through to construction be the two lane hybrid as presented at concept design level to the November 2025 Council meeting, the design cost impacts will be approximately $200,000 and the time impacts could be up to 3 months.
In addition to the above, the TfNSW engineering assessment report for Cuttagee Bridge was recently released which reiterated the criticality of replacing the bridge as a priority and that it is not suitable for restoration. The report is available at:

https://www.transport.nsw.gov.au/news-and-events/reports-and-publications/bridge-over-cuttage-lake-condition-assessment-paper

Options

Council has several options available with some of the key (realistic) options outlined in broad terms below:

· request that the state fully fund the project on the condition that it becomes a bridge in line with the two lane hybrid concept presented to the 12 November 2025 Council meeting and that staff work with TfNSW to fast track the project as much as reasonably practicable

· Stick with the resolved position to construct a two-lane concrete bridge noting this likely comes with significant additional financial risk

· Variations in between each of the above options

The first option is the recommended option as it reduces the risk to council in terms of deliverability of the project as well as potential broader financial/service impacts on the community.

Community and Stakeholder Engagement

There has not been any specific community engagement associated with this report. There has been extensive community on the Cuttagee Bridge project over recent years.

Engagement undertaken

The report to the November 2025 Council meeting provides detailed information on the community engagement undertaken on the project up to this point.

Engagement planned

There is no further engagement planned or recommended as a result of this report other than to inform the community that Council will be seeking additional funding and that this will involve a change of design if it occurs. Should further engagement and consultation be required this may slow down further progress of the project.

Financial and Resource Considerations

The current available budget for the project is $15m in line with the current funding deed with TfNSW. It has been well documented throughout the project that this budget is not adequate to replace the bridge. Council has just recently received the detailed design for a two lane concrete bridge and the associated cost estimates.

The financial information now available is presented table below.

Council staff have been working on a grant application to the Federal Safer Local Roads and Infrastructure program to contribute towards the project. This program is capped at $5m per project and is highly competitive. Furthermore, based on historical rounds of the program it is not expected that decisions and subsequent funding deeds would be provided should Council be successful within the timeframes expected by TfNSW, Council or the community based on the stage this project is at.

Should council not be able to secure additional external funding then realistically the only options are:

1. that the project doesn’t proceed and the bridge would likely ultimately need to be closed

2. Council funds the gap which would mean not doing significant works across other parts of the transport network and/or and potentially other service areas across the shire

Item	$ Excl GST
Expenditure Detail
Detailed Design	$1,600,000
Site Establishment and Demolition	$1,500,000
Main Bridge and Road Construction	$17,000,000
Decorative Timber Elements	$550,000
Temporary Bridge and Access	$7,100,000
Total Expenditure	$27,750,000

Source of Funds
TfNSW Regional Roads Program	$15,000,000
Additional TfNSW Funding Required	$12,750,000
Total income available	$27,750,000

Total Project Capital Cost	$27,750,000
Total Available Construction Funding	$27,750,000
Project Funding Shortfall	$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$27,750,000
Depreciation costs	$277,500

Legal /Policy

There are no specific legal or policy implications associated with this report. It is likely that a new funding deed with TfNSW will need to be implemented as a result of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Completion of the project will achieve alignment with Council’s following strategic objectives:

Community Strategic Plan: D. - Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

Strategic Objectives are - Our public and private infrastructure and community services meet community needs.

D.2. Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas.

Delivery Program:

Delivery Program: D2.4 – Construct (upgrade or renewal) civil assets/ infrastructure.

Environment and Climate Change

The environment and climate changes aspects of this project are as has previously been reported. It is noted that the Environment and Climate change related impacts associated with the bridge design option now associated with the recommendation in this report further addresses heritage considerations.

Economic

The Tathra-Bermagui Road (MR272) is a Regional Road, which runs through the North-East coastal area of Bega Valley Shire Local Government Area (LGA), an important agricultural region that generated around $37 million, or 31.5% of the total Shire agricultural value in 2020. The road provides an important transport and freight link between Bermagui, localities and towns further south to Tathra.

Furthermore, the road provides the region with important supply chain links to the freight and logistics sector and agricultural processing areas in the LGA. It also forms an important alternative secondary link to the Princes Highway should incidents occur between Cobargo and Bega.

The route is also highly popular with tourists connecting Bermagui to Tahra and the various beaches and National Parks in between.

Seeing this project through to completion is important form an economic perspective and should the bridge ultimately fail due to not being replaced there is likely significant economic impacts

Risk

There is a risk that if a new funding deed sets unrealistic milestone completion dates for a project of this complexity there may either be cost impacts through contractors pricing in risks, there may be contractual risks with contractors unable to deliver or a combination of both. There is also a risk that if construction is pushed to commence prior to all design and tender documentation being finalised and all relevant environmental assessments and relevant permits being in place that legislation may be breached. This risk should be able to mitigated via agreement with TfNSW on a realistic yet streamlined funding deed.

There is also a risk of further financial escalation relative to the cost estimates when the project goes to construction tender. This risk has been mitigated to the greatest extent possible at this stage though the cost estimation process followed and ensuring appropriate contingencies are in place.

Social / Cultural

Cuttagee Bridge is located on the Tathra Bermagui Road (MR272), crossing the Cuttagee Lake entrance at the northern end of Cuttagee Beach. It is a scenic and sheltered location that is popular for visitors and residents alike.

Tathra Bermagui Road is a popular tourist road (Route 9), providing access to the coastal tourism assets of the Sapphire Coast, while the Cuttagee section links Barragga Bay and Bermagui locally.

The bridge provides an important link during natural disasters such as bushfires with limited viable alternate routes.

Attachments

1 ⇩. 2026.04.23 Letter to BVSC Cuttagee Bridge

Council 6 May 2026

Item 14.1

14.1. Cr Peter Haggar - Climate Impact Prioritisation

Notice of Motion

1. That Council acknowledges:

a) the Climate Emergency Declaration from 2019

b) the growing urgency of climate resilience policies as reflected in the Australian heatwave records of last summer and the forecast El Nino for 2026

2. That Council calls on staff to ensure that Council’s Climate Resilience response across our operational, strategic planning and policy platforms, continues to reflect the best available science as new evidence becomes available.

3. That Council receive a briefing from the CSIRO Climate Division on current medium and long-range climate projections and the implications for South East Australia

Background

Since this Council declared a climate emergency in 2019 the evidence supporting that emergency has grown. Across the globe different regions have experienced years that have surpassed the 1.5 degrees average annual temperature increase that was set in Paris in 2015. “The average annual temperature of Australia in 2019 and 2024 was at or around the temperature expected to be the new long-term average (the 'new normal') when the world is at +1.5 °C since pre-industrial” (CSIRO).

Since the declaration a greater understanding of increases in local Sea Surface Temperatures has resulted in greater expectation of East Coast Lows and resulting storm damage as reflected in the Australian Climate Service data.

The intention of this motion is not to tell staff or councillors what to believe but rather to ensure that Bega Valley Shire Council commits to ensuring that the best and most up to date evidence is available and considered.

The Australian Actuaries Climate Index (AACI) recorded its 42nd consecutive positive value in the summer of 2025/26, indicating that the frequency of extreme weather across Australia continued to remain above the 1981–2010 reference period average.

The composite index, which combines high temperature, rainfall, wind and sea level, showed positive values across all regions, reflecting a mix of regional extremes. Contrary to the spring of 2025, the southern parts of the country experienced unusually high temperatures, while the north remained wetter than average. “

A graph with red and blue lines

AI-generated content may be incorrect.

The summer of 2025/26 brings warm temperatures and wild weather - Actuaries Digital - Actuaries Institute

A map of australia with white outline

AI-generated content may be incorrect.

Australian climate variability & change - Trend maps

Accelerating global warming

Full article: Global Warming Has Accelerated: Are the United Nations and the Public Well-Informed?

El Nino 26/27? Super El Nino ??

“An El Niño in 2026 would extend the run of active Pacific years (either La Niña or El Niño) to seven in a row, equalling the current record of seven from 1969 to 1975.”

Possible El Niño within months raising potential for hot, dry year across Australia - ABC News

“Abstract. El Ninos have always been important. However, in the context of a warming planet – likely accelerated warming – El Ninos have even greater impact. Moreover, the frequency and nature of El Ninos themselves may be affected by the warming. Media attention to the possibility of an upcoming “Super El Nino” irritates some scientists, given inherent uncertainty in forecasts. We push back gently against that irritation. Predictions in the face of uncertainty are a valuable approach, with the potential to increase our understanding. We take our hats off to ECMWF for their bold prediction. We also suggest an El Nino diagnostic, alternative to the usual diagnostic, that provides an earlier, more meaningful assessment. It is already clear that we will have an El Nino in 2026-27. A little more time is needed to be certain that it will be a Super El Nino, but it looks like it will be a strong one. Let us see what we can learn from it.”

Super-Duper El Nino.2026.04.15.pdf

AMOC

Critical Atlantic current significantly more likely to collapse than thought | Oceans | The Guardian

Staff response:

Since Council’s initial climate response actions in 2007, our operational, strategic and policy positions have been based on the best available climate data and have considered the policy settings of the Australian and NSW Governments. The various iterations of our Climate Change Strategy, now Climate Resilience Strategy, Clean Energy Policy, various Flood and Coastal Hazard Studies and the recently adopted Flood and Sea Level Rise Policy are all based on the latest available climate data and modelling approaches.

The incorporation of the latest and most credible climate and scientific data into Council’s decision-making approach, the modelling used in flood, coastal and bushfire studies and our general policy settings, is essential in Council meeting the legal standard set under Section 733 of the Local Government Act. Section 733 exempts NSW councils from liability regarding advice or actions taken in good faith concerning flood-liable land, bush fire risks and coastal protection, providing councils are following the latest available science or are in compliance with relevant manuals to prove good faith decision making.

Staff have had a strong focus on both climate adaptation and mitigation as part of our ongoing climate response. Examples of our climate adaptation program include the land use zoning approach to high risk areas in BVLEP 2013, the siting and design of major infrastructure, our interconnected water reticulation and supply network, and coastal management and dune protection programs. Our mitigation efforts have focused on Council’s own operations and have seen significant investments in renewable energy and energy efficiency upgrades across our building assets, recreational facilities and water and sewer infrastructure in particular. Ongoing emission monitoring is occurring to identify opportunities for further improvements that will likely focus on our waste management, sewage disposal and fleet composition.

The review and updating of Council’s Climate Resilience Strategy will be one of a number of priorities for Council’s Environment and Sustainability team over the next 12 to 24 months. This review will provide Councillors and the community the opportunity to have input into the prioritisation of remaining management actions and the incorporation of new priorities that are reflective of the best available climate projections and scenarios

Cr Peter Haggar

Attachments

Nil

Council	6 May 2026
*Item 8.2 - Attachment 1*	Deferred Matters Planning Proposal May 2026

Council	6 May 2026
*Item 11.1 - Attachment 1*	Draft Delivery Plan 2026-2030

Council	6 May 2026
*Item 11.1 - Attachment 2*	Draft Long Term Financial Plan 2026-2036

Council	6 May 2026
*Item 11.1 - Attachment 3*	Draft Strategic Asset Management Plan incl AMP summaries 2025-2030

Council	6 May 2026
*Item 11.1 - Attachment 4*	Draft Revenue Policy 2026-27

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	6 May 2026
*Item 11.1 - Attachment 5*	Draft Fees and Charges 2026-2027

Council	6 May 2026
*Item 11.2 - Attachment 1*	2026.04.23 Letter to BVSC Cuttagee Bridge