Agenda of Council - Wednesday, 12 November 2025

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

12 November 2025

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 15 October 2025 as circulated, be taken as read and confirmed.

3 Declarations

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

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

8.1 Development Application statistics - July to September 2025................................................. 9

8.2 Reporting of minutes for committees with delegated authority and advisory committees 14

9 Staff Reports – Infrastructure

9.1 Cuttagee Bridge Renewal Project - Concept design option determination......................... 55

9.2 Bega Valley Local Transport Forum 14 October 2025........................................................... 493

9.3 Request for Tender (RFT) 2425-138 Bridge Durability Improvement Package - Surface Application Works......................................................................................................................................... 504

9.4 Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail 510

9.5 Request for Tender (RFT) 2425-077 Alcocks Road Culvert Disaster Recovery Funding Arrangements (DRFA) Restoration Works...................................................................................................... 515

10 Staff Reports – Organisational Services

10.1 Request for Tender (RFT) 2526-018: Teams calling and cloud contact centre outcome 521

10.2 Disposal of land at O’Connells Point Road, Wallaga Lake.................................................... 526

10.3 Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2025 529

10.4 Twyford hall lease - Shop 2........................................................................................................ 635

10.5 Legal matters update.................................................................................................................. 639

10.6 Pambula Surf Life Saving Club sublease................................................................................... 642

10.7 Proposed new road name - Terry Lane, South Pambula...................................................... 654

10.8 Audit, Risk and Improvement Committee (ARIC) Activities................................................. 658

10.9 Quarterly Budget Review Statement (QBRS) September (Q1 Review).............................. 696

10.10 Certificate of Investment October 2025.................................................................................. 722

11 Staff Reports - Executive Services

11.1 Annual Report 2024-25............................................................................................................... 729

11.2 Delivery Plan 2025-2029 - July to September 2025 Quarterly Progress Report............ 1053

12 Councillor Reports

13 Rescission/Alteration Motions

14 Notices of Motion

15 Questions with Notice

16 Questions without Notice

16.1 Cr O'Neil - Coastal Council Association Conference............................................................ 1108

16.2 Cr Fitzpatrick - Farm forestry in RU2 report......................................................................... 1111

17 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public......................... 1117

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 12 November 2025

Item 8.1

8.1. Development Application statistics - July to September 2025

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

Director Community Environment and Planning

Officer’s Recommendation

That Council note the information contained in this report.

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated commentary for the period 1 July to 30 September 2025.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 89.08 days, compared to the 2024 calendar year net average of 92.69 days. (‘Stop clock’ days is the time taken for the Applicant to provide additional information.)

The average gross DA processing time for this period was 146.67 days (compared to 162.03 days in the 2024 calendar year).

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

Background

Development Application processing times

	2024 Jul-Sept	2024 Oct-Dec	2024 (full year)	2025 Jan-Mar	2025 Apr-Jun	2025 Jul-Sept
DAs determined+	88	80	343	55	77	73
New DAs received^	102	126	389	107	84	96
No of undetermined DAs^@	172	168	168 (as at 31 Dec)	182 (as at 31 Mar)	157 (as at 30 Jun)	102 (as at 30 Sept)
Average DA processing time (gross)	175.96 days	142.51 days	162.03 days	118.78 days	166.25 days	146.67 days
Average DA processing time (net - ie minus ‘stop clock’ days)*	93.77 days	77.99 days	92.69 days	67.86 days	44.02 days	89.08 days
Estimated cost of construction (approved)	$34,268,969	$55,643,115	$170,178,307	$15,554.475	$103,903,646	$59,989,385

Notes:

- The statistics provided here 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.

- ^ Not all DAs received will necessarily go through to determination. Some are withdrawn by Applicants or are returned for more information.

- *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.

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

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.

Different parameters are used by the State Government in the Council league table which tracks gross DA assessment timeframes across the state. Information from this data set is provided below:

Extract from Council League Table

	April 2025	May 2025	Jun 2025	2024/25 (full year)	Jul-Sept
DAs assessed	16	30	29	291	72
Lodgement days	10 days	13 days	23 days	15 days	9 days
Average assessment days (gross)	142 days	146 days	138 days	137 days	122 days

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

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’ groups has been advised of the changes, however they are likely to result in continued frustration as the impacts are experienced by applicants.

Development Assessment Service Review

Morrison Low Advisory was appointed to undertake an end-to-end review of our development assessment service. Consultation with staff, development professionals and owners/applicants has been completed. A final report is expected in late 2025.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

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

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

Environment and Climate Change

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

Economic

There are no new economic impacts arising from this report.

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

Risk

There are no new risks arising from this report.

Social / Cultural

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

Attachments

Nil

Council 12 November 2025

Item 8.2

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

This report provides the adopted minutes for the Access and Inclusion Advisory Committee (AIAC) for February 2025 and May 2025, and the Central Waste Facility Consultative Committee for August 2025.

Director Community Environment and Planning

Officer’s Recommendation

That Council note this report and the minutes for the:

· Access and Inclusion Advisory Committee for February and May 2025

· Central Waste Facility Consultative Committee for August 2025.

Executive Summary

This report provides the adopted minutes for the Access and Inclusion Advisory Committee (AIAC) meetings for February and May 2025, and the Central Waste Facility Consultative Committee meeting for August 2025.

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

Background

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

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

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

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

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

A brief outline of each of the committees included in this report is below.

Central Waste Facility Community Consultation Committee

The Central Waste Facility (CWF), located on Wanatta Lane at Wolumla, is Council’s main landfill for the Bega Valley Shire for the disposal of general solid waste from municipal, construction and commercial sources.

The roles and responsibilities of the Committee are to exchange information regarding the operation of the CWF and engage in consultation regarding the operation of the CWF.

The Committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative, along with three members of the community residing within a nominal direct-line distance of 5km from the CWF.

Access and Inclusion Advisory Committee (AIAC)

Over many years Council has supported an Access and Inclusion Advisory Committee (AIAC) as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance about accessibility issues across the Bega Valley Shire.

The AIAC assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disability, older and frail people, parents with prams and other community members.

The February and May 2025 AIAC meeting minutes are being reported to Council concurrently as they were not able to be adopted by the committee until the August 2025 AIAC meeting due to attendance numbers being below quorum.

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

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

Financial and Resource Considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

1 ⇩. Access and Inclusion Advisory Committee Meeting minutes 11 February 2025

2 ⇩. Access and Inclusion Advisory Committee meeting minutes 13 May 2025

3 ⇩. Central Waste Facility Consultative Committee minutes 5 August 2025

Council 12 November 2025

Item 9.1

9.1. Cuttagee Bridge Renewal Project - Concept design option determination

The attachments to this report provides Councillors with the full concept design options analysis and the community and stakeholder engagement and consultation report for the Cuttagee Bridge Renewal Project, following the community engagement and public exhibition period from 8 September 2025. Based on the information provided and the previous workshops and reports Councillors need to determine which of the three concept options will proceed to detailed design and development.

Director Infrastructure

Officer’s Recommendation

That Councillors determine to progress one of the three concept design options to detailed design as set out in the terms of the funding agreement between Transport for NSW (TfNSW) and Bega Valley Shire Council, the choices being:

· Single-lane hybrid structure with decorative timber, attached shared pathway and handrails.

· Two-lane hybrid structure with decorative timber, attached shared pathway and handrails.

· Two-lane concrete structure with attached shared pathway and handrails.

Executive Summary

At the 20 August 2025 meeting, Council resolved to publicly exhibit three 20% design concepts and carry out community engagement activities for a period of not less than 29 days from 8 September 2025.

Based on the information contained in the attached sections of the Cuttagee Bridge Renewal Project - Full Concept Design Options Analysis Report. Councillors are to determine which of the three concept options will proceed to detailed design and development. Councillors will have the opportunity during detailed design to have input into non-structural design elements during the development.

The attachments summarise for Councillors review:

1. The funding deed of agreement between Transport for NSW (TfNSW) and Bega Valley Shire Council (BVSC) and the specific technical requirements, objectives and key performance indicators of the funding deed.

2. The three concept design options developed by Chris O’Brien and Associates (COB & Co) and their compliance with the technical requirements, objectives and key performance indicators of the funding deed.

3. The construction methodology inherent in each of the three concept design options

4. The estimated construction and maintenance costs for each of the three concept design options

5. The traffic modelling undertaken by GHD to inform development of the three concept design options and a Movement and Place study into the wider Cuttagee Beach precinct

6. The Community Engagement Outcomes report, summarising the community and stakeholder engagement and consultation undertaken for the project.

7. Correspondence recently received from the Minister reiterated the funding deed scope, responsibilities and her expectation that a concept will be selected to progress to detailed planning and design

Cuttagee Bridge is nearing the end of its functional life and is now subject to mass and speed restrictions due to the deteriorating condition of its ageing timbers. It is in danger of a structural failure unless action is taken. It also faces increased risk from the impacts of climate change and extreme weather events.

Council must now make the determination to progress one of the concept designs options to proceed to detailed design and development.

Background

Over recent years multiple reports regarding aspects of the Cuttagee Bridge renewal have been considered by Council including those referenced below.

Following an application to the Fixing Country Bridges Program a report was considered by Council at the 10 March 2021 Council meeting where it resolved the following:

1. Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to the heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of Development Application for the demolition of the bridge.

2. Engage a heritage consultant to work with Council and the community to identify how to reflect heritage and tourism values in any new structure and a coastal engineer to assist Council to determine an appropriate design that addresses identified coastal hazards at this location.

3. Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge and the group include a representative of the Biamanga National Park Management Group.

Following the above resolution, it was subsequently determined that Cuttagee Bridge had been wrongly allocated funding from the Fixing Country Bridges Program as the guidelines precluded allocation of funds to any heritage listed bridge despite it being unclear as to whether this applied to State or Local heritage listing. Council then resolved at its ordinary meeting of 31 March 2021

1. That the Mayor and General Manager continue to advocate to the NSW Government and request that Transport for NSW provide a separate funding deed for Cuttagee Bridge

2. That the Deed include the timeframe for completion of works to be at least four years from the date of signing to enable Council to meet all the community consultation and planning requirements and ensure that consideration of preservations of the bridge’s heritage is captured in design aspects for the new bridge and all coastal hazard issues in relation to the new structure are dealt with.

3. That staff continue to progress with the other steps resolved relating to Cuttagee Bridge as resolved the 10 March 2021 Council meeting.

Negotiations were unsuccessful and the offer of funding was then withdrawn when it became clear that the local heritage status of the bridge could not be quickly resolved to allow demolition and reconstruction.

Several years later during the 2023 NSW State election period, a commitment was made to provide $15M for Cuttagee Bridge Repair and Restoration works. This was provided following lobbying by a community group noting that no design or costings were supplied or endorsement by Council or its officers sought.

At its meeting of 31 January 2024, the draft Deed of Agreement with the funding body, TfNSW, which considered developing 5 possible configurations of a replacement bridge with estimated costs and an option analysis, was debated with Council finally resolving that:

1. Resolve to accept the offer of $15 million and deliver on the scope and objectives of the Agreement with amendment of the following scope in Milestone 1: That Council only progress designs for a two-lane concrete bridge with pathway.

2. Delegate the Chief Executive Officer to negotiate any minor agreement variations if requested by TfNSW that may include retaining any of the five options in the draft agreement.

Following this resolution the CEO and Mayor met with Dr Michael Holland MP, the state minister for Transport and Regional Roads the Hon. Jenny Aitchison MP, and TfNSW representatives and negotiated the addition of 2 Hybrid options into a revised Deed of Agreement (the Deed).

The Deed sets out the terms and understanding between Transport for NSW (TfNSW) and the Bega Valley Council (Council) in the delivery of the Cuttagee Bridge project funded under the Regional Roads Program (RRP) administered by TfNSW.

The objective of the RRP is to deliver consistent, safe, high quality road infrastructure for the people of NSW.

The performance indicators as set out in the Deed detail the following objectives and outcomes.

1. Improvements in road safety as measured by the expected reduction in casualty and fatality crashes as the result of the Project funded through this agreement.

2. The improvement in productivity, including as measured by the overall expected reduction in travel times and operating costs as the result of the Project funded through this agreement.

3. Reduction to ongoing maintenance cost attributed to the design life as the result of the Project funded through this agreement; and

4. Increased accessibility and resilience of both the crossing and route as a result of the Project funded through this agreement.

At its meeting on 14 August 2024, Council accepted tender RFT 2324-067 for Project Management and Contract Administration (PMCA) services from GHD to oversee the delivery of the Cuttagee Bridge project.

At Council meeting on 16 April 2025, Council accepted tender RFT 2425-060 for Design Services from COB & Co to develop the concept designs and complete the detailed design of the preferred option as resolved by Council.

At its meeting 20 August 2025, Council resolved to publicly exhibit the three 20% design concepts for Cuttagee Bridge tabled at the Council meeting and carries out community engagement activities for a period of not less than 29 days from 8 September 2025 and, that all feedback received from community engagement activities undertaken to be compiled into a Community Engagement Outcomes Report, provided to Councillors prior to determination of a preferred concept option to progress detailed design and development.

On 4 November 2025, Minister Aitcheson wrote to Councils CEO reiterating the key components of the funding deed and her expectation that one of the concepts would be selected to progress to detailed planning and design with a copy of that letter attached to this report.

Options

Staff recommendation is that Councillors consider the information provided within this report and previous information provided to determine one option to proceed to detailed design and development consistent with the Deed.

Delaying a determination or deviation from the options set out within the Deed between TfNSW and BVSC will impact on the projects program and agreed project milestones, in addition to financial implications to the funding agreement and contractual arrangements for the project.

Community and Stakeholder Engagement

In March 2025, Council launched a Have Your Say to gather community feedback on key aspects of the Cuttagee Bridge project, including design preferences, construction impacts, and road closures. The survey invited input on topics such as bridge usage, temporary road closures, community events, design features, and the bridge’s historical and aesthetic significance.

A total of 528 submissions were received. These responses were provided to the bridge design consultant to inform the development of three concept design options.

A secondary “Have Your Say” was released along with public exhibition of the three concept design options from 8 September 2025.

A summary of the community and stakeholder engagement outcomes has been attached to the contained report which incorporates feedback from both the March/April 2025 Have Your Say submissions and the public exhibition and engagement period commencing 8 September 2025.

Engagement undertaken

A report regarding the conduct and conclusions of the Cuttagee Bridge Community Advisory Group was presented to Council for consideration on 16 March 2022 and amongst other things noted that the previously commissioned Heritage Assessment Report from August 2021 concluded that while the current bridge had notable aesthetic, community and situational heritage values, it displayed limited technical heritage value other than to note that all timber girder construction bridges of that era and type were becoming increasingly rare. It was also clarified that Cuttagee Bridge is now a hybrid structure incorporating steel and concrete elements due to structural failures and that little or no original timber components still exist having been routinely replaced over the years.

As acknowledged in the report to Council, the demolition of timber bridges frequently generates concern, distress, agitation and strong feeling in community groups who mourn the loss of the item because of the way it looks, its character and its setting.

It is evident the Cuttagee Bridge has strong social and associative values for campaign groups in the local community who have initiated advocacy for its retention.

The primary risk with the findings from the community consultation/survey results is that they may not be representative of broader (Shire wide) community sentiment as the most active participants are very local to the bridge and have strong personal views and motivations.

While a very important part of the process, the broader context of generational equity, funding, affordability, maintenance, safety, resilience, environment, climate change and longevity should also be considered when considering the results of the engagement.

Engagement planned

Further community engagement will be undertaken with local residents and businesses during the construction phase of the project.

The project team will continue to update the major projects page on Bega Valley Shire Councils website and provide updates via Councils usual media and communication channels.

Financial and Resource Considerations

For the purpose of this report, no planned budget allocations are identified.

Financial Option Impacts | Life Cycle Costing

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

Legal /Policy

No tendering process applies in relation the activities outlined in this report to Council. Any, tendering carried out that is applicable to the overall Cuttagee Bridge project complied with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Completion of the works 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

Environment and climate change are at the forefront of this project with the delivery of climate-resilient asset a key objective of this project to improve road safety and accessibility to ultimately ensure a sustainable road network.

A Review of Environmental Factors (REF) will provide a full analysis of all environmental, economic, physical and social implications of the proposal. Ongoing coordination with the REF consultant will take place throughout the duration of development and relevant pathway consultation.

It is noted that the existing bridge is listed in the Bega Valley Local Environmental Plan (LEP) as a local heritage item and as such its demolition and any subsequent construction needs to be accomplished through the appropriate planning pathways which may include removal from the LEP. A Statement of Heritage Impact (SOHI) will be prepared to assess the heritage impacts, however, it is important to note that this can only occur once a preferred concept option is determined and a decision is made on the type, style, and configuration of the bridge.

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.

Risk

There is financial risk in that any of the concept designs determined will result in a funding shortfall for construction of the project that the allocated $15 million will be insufficient to fully deliver the project.

Other risks include

· Delay implications to funding milestones or funding lapsing

· Reputational risk with funding body in delays or not utilising grant funds

· Contractual variation delays can lead to cost escalation.

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.

Attachments

1 ⇩. Cuttagee Bridge Concept Design Options Analysis

2 ⇩. Appendix A - 25223-CDR-RPT-00003

3 ⇩. Appendix B - 12643006-MEM-Cuttagee Bridge Traffic Study

4 ⇩. Appendix C - 2516-1g 12092025 Cuttagee Bridge Replacement - Cost Plan No.1 Rev G

5 ⇩. Appendix D - 12643006 - Cuttagee Bridge renewal - Community Engagement Outcomes report_V3

6 ⇩. Cuttagee Maintenance Comparison

7 ⇩. Executed and signed Grant Funding Agreement dated December 2023

8 ⇩. Letter from Minister Aitchison - Cuttagee Bridge

Council 12 November 2025

Item 9.2

9.2. Bega Valley Local Transport Forum 14 October 2025

This report provides the recommendations of the Bega Valley Local Transport Forum (LTF) meeting held on 14 October 2025.

Director Infrastructure

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTF meeting held on 14 October 2025 as outlined below:

1. Christmas on Imlay, Eden – Thursday 18th December 2025

a. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30 p.m. to 9.00 p.m. on Thursday 18 December 2025 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

b. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 18 December 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with Transport for NSW (TfNSW) Traffic Control Manual.

c. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation.

d. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road.

a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access.

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

c. That in order to prevent cars from speeding up, the traffic control vehicles that will be deployed to physically block access to restricted routes should be situated as close to the roundabout as feasible.

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

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

g. That organisers have written Police approval prior to conducting the event.

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

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

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

k. Clear parking directions, including appropriate signage for designated parking areas, should be provided to guide drivers effectively.

l. A Pedestrian Management Plan should be incorporated into the Traffic Guidance Scheme (TGS) to ensure the safe movement of pedestrians to and from the car park areas.

Executive Summary

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

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

Background

The following submission for Council action was received at the LTF meeting held 14 October 2025

Christmas on Imlay, Eden – Thursday 18th December 2025

Council have received a submission from Eden Chamber of Commerce for the “Christmas on Imlay” event to be held on Imlay Street Eden, on Thursday 18 December 2025.

This event is a community Christmas celebration featuring stalls and entertainment in Imlay Street and has an anticipated attendance of 100-200 people.

A copy of the submission is attached: “Christmas on Imlay 2025 App”

Options

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

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

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

Community and Stakeholder Engagement

Engagement undertaken

No additional engagement was undertaken in relation to this report.

Engagement planned

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

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report from the above special events. Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards via the LTF delegation from TfNSW.Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

There are minor environmental impacts as a result of event waste management and no climate change implications associated with this report.

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation associated with the proposed special event.

Risk

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

Social / Cultural

The special event outlined in this report provide important social and economic benefits, by creating opportunities to come together with others and increasing overall well-being for both individuals and communities.

Attachments

1 ⇩. Christmas on Imlay 2025 Application

Council 12 November 2025

Item 9.3

9.3. Request for Tender (RFT) 2425-138 Bridge Durability Improvement Package - Surface Application Works

This report presents the outcome of the tender process for RFT 2425-138 – Bridge Durability Improvement Package – Surface Application Works.

Director Infrastructure

Officer’s Recommendation

1. That Council notes the recommendations set out in this confidential memorandum.

2. That Council decline to accept any of the tender submissions received for RFT 2425-138 – Bridge Durability Improvement Package – Surface Application Works, and in accordance with Clause 178(3)(a) of the Local Government (General) Regulation 2021, postpone the proposal for the contract to allow officers to review the project scope, budget, and delivery approach.

Executive Summary

Council invited tenders for RFT 2425-138 – Bridge Durability Improvement Package – Surface Application Works, seeking suitably qualified contractors to apply surface protection systems to three reinforced concrete bridges in the Bega Valley Shire:

· Bermagui River Bridge, Bermagui

· Merimbula Lake Bridge, Merimbula

· South Lagoon Bridge, Bermagui

The works form part of Council’s program to improve bridge durability and extend asset life, in accordance with Austroads ATS 5343 – Coating of Concrete.

Tenders were called via VendorPanel on 2 July 2025 and closed at 12:00 pm Wednesday 20 August 2025.

All tender submissions were assessed in accordance with Council’s adopted Procurement Policy, Section 55 of the Local Government Act 1993, and Part 7 of the Local Government (General) Regulation 2021.

Background

This project forms part of Council’s ongoing Bridge Renewal and Maintenance Program, identified in the adopted 2024–2025 Capital Works Program. No prior resolutions specific to RFT 2425-138 have been made.

This report seeks Council’s resolution in accordance with clause 178 of the Local Government (General) Regulation 2021 following completion of the tender evaluation process. The report recommends that Council reject all tenders received for RFT 2425-138 and postpone the project to allow officers to review scope, budget, and delivery options before re-tendering.

Should Council endorse the recommendation, officers will review the scope and technical requirements of the proposed works, consider staging or alternate delivery options, and prepare an updated procurement strategy for future consideration.

RFT 2425-138 was publicly advertised from 2 July to 20 August 2025 via VendorPanel.

The evaluation process followed Council’s procurement procedures and the MW21-LG Conditions of Tendering. Four submissions were assessed against the weighted evaluation criteria including:

· Price

· Local content

· Proposed methodology and understanding of the works

· Program

· Key personnel and resources

· Relevant demonstrated experience

· Support of indigenous participation

· Quality assurance, WHS and Environmental Management

All tenders were reviewed by a formal evaluation panel, which concluded that while the submissions demonstrated relevant capability and experience, none provided the optimal balance of value, methodology, and alignment with Council’s project objectives at this time.

Options

Option 1 – Recommended (Postpone the project)

That Council reject all tenders and postpone the proposal in accordance with clause 178(3)(a) of the Local Government (General) Regulation 2021, to allow further review and refinement of scope, budget, and procurement approach.

Pros:

· Provides an opportunity to review project requirements, funding alignment and delivery strategy.

· Enables consideration of alternate treatment methods or staged delivery options.

· Positions Council to achieve an improved outcome in a future tender round.

Cons:

· Will delay commencement of works until the project is reviewed and re-tendered.

· Bridge surfaces will continue to undergo normal weathering until works proceed.

Consequence of not adopting this option:

Proceeding without review may limit Council’s ability to achieve the best long-term outcome for these assets.

Option 2 – Alternative (Negotiate a contract outcome)

That Council reject all tenders and, in accordance with clause 178(3)(e) of the Local Government (General) Regulation 2021, approve to enter into negotiations with suitably qualified contractors with a view to entering into a contract in relation to the subject matter of the tender.

Pros:

· May allow progress on priority bridge components if suitable cost and scope adjustments can be agreed.

· Retains engagement with experienced tenderers already familiar with the project.

Cons:

· May not fully address the issues identified during evaluation.

· Reduces competitive tension available through a re-tender process.

· Negotiation could enable limited works but would not guarantee full project alignment or value improvement.

Community and Stakeholder Engagement

Engagement undertaken

Council is committed to engaging with the community in line with the IAP2 Framework.

For this project, the level of engagement undertaken to date is “Inform”, with some elements of “Consult” for directly affected stakeholders.

Engagement to date has included:

· Consultation within Council’s Infrastructure, Asset Management, and Environment teams regarding design scope, access, and environmental controls.

· Notification to local residents and businesses near each bridge of preliminary investigation and site assessment activities.

Engagement planned

The next phase of engagement will continue at the “Inform” level, with targeted “Consult” activities during delivery.

Planned stakeholders include:

· Local residents and businesses adjacent to the bridge sites.

· Road users and community groups who regularly access the bridges.

· Emergency services and public transport operators, as required, to coordinate temporary traffic management.

· Planned engagement methods include:

· Public notifications on Council’s website and social media platforms.

· On-site signage and variable message boards prior to and during works.

· Direct mail or letterbox notifications to affected properties.

· Media releases at project commencement and completion.

Financial and Resource Considerations

Funding for this project is provided through Councils adopted Long Term Financial Plan. Tender pricing received exceeded the available allocation, which was based on concept-level cost estimates prepared during project planning. Postponing the project will allow officers to review the detailed scope, specifications, and cost assumptions before determining whether additional funding is required or whether the works can be refined to align with existing resources.

The proposed surface protection works are intended to reduce long-term maintenance demands by improving the durability and corrosion resistance of the bridge structures so their intended service lives may be achieved. Deferring the project will result in a continuation of existing inspection and maintenance routines within current operational budgets, with no additional servicing costs anticipated at this stage and pre-mature deterioration.

The project forms part of Council’s ongoing bridge asset renewal objectives and contributes to the long-term sustainability of key transport infrastructure.

Postponement may defer expenditure to a future financial year, pending the outcome of project review and re-tendering, but will not adversely affect Council’s overall asset renewal targets.

Item	$ Excl GST
Expenditure Detail
	No current expenditure is noted
Total Expenditure	XXXX (sum of all costs)

Source of Funds
<approved budget\|revenue funded>	SV Asset Renewal – Long Term Financial Plan
<grant income\|name of grant>	Not applicable
<reserve funds\|name of reserve	Not applicable
Total income available	* total income = total project cost
	$314,000
Total Project Capital Cost	Not applicable
Total Available Construction Funding	$314,000
Project Funding Shortfall	Not applicable

Financial Option Impacts | Life Cycle Costing

As this report is not recommending award of a tendered price to base ongoing financial impact assessment on, this section is omitted.

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

Legal /Policy

The tender process conducted for RFT 2425-027 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project continues to align with Council’s long-term strategic objectives for sustainable infrastructure management and transport connectivity.

While the works are recommended for postponement, the project remains consistent with:

· Community Strategic Plan 2042- 2025 Revision: D.6 Our transport network makes it easy to move through and beyond the shire

· Strategic Asset Management Plan 2025-29: Asset Lifecycle Management, Asset Renewal and Upgrade

Postponing the project will not change its alignment with these strategies. Instead, it will provide an opportunity to refine the scope and funding to ensure future delivery supports asset resilience and best-value outcomes.

The postponement will defer renewal works for the three bridges but will not compromise the safety or functionality of the existing assets, which continue to be managed through Council’s routine inspection and maintenance programs.

Rescoping the project will help confirm technical standards and optimise long-term maintenance benefits when the works proceed.

Environment and Climate Change

The proposed bridge surface protection works are designed to extend the service life of existing bridge assets, reducing the frequency and scale of future maintenance and material use. By improving asset durability, the works will support long-term sustainability and efficient resource use.

Although the works primarily involve existing bridge structures, the project provides an opportunity to improve ecological outcomes through the adoption of environmentally responsible construction practices and surface treatment products with reduced environmental impact.

The recommended postponement will allow Council to review potential surface protection

systems with a view to selecting products and methods that minimise waste generation, solvent emissions, and embodied energy. This aligns with Council’s ongoing commitment to reduce greenhouse gas emissions in asset renewal activities.

By prioritising durable bridge treatments and extending asset life, the project supports intergenerational equity. This is through reducing future renewal demand and associated environmental impacts. Postponement allows further refinement to maximise these benefits before proceeding.

A Review of Environmental Factors (REF) was included in the tender documentation as a provisional item to ensure compliance with environmental assessment requirements. As the project is proposed to be postponed, the REF may be developed separately in advance of future delivery to confirm environmental considerations and approval pathways.

Economic

The bridge surface protection works will contribute to the long-term economic sustainability of Council’s transport network by extending the lifespan of key bridge assets and reducing the frequency and cost of future maintenance and renewal.

Postponing the project will allow Council to confirm the most cost-effective approach, improving value for money and supporting efficient use of community resources.

Risk

The recommendation to postpone is based on the available information and is intended to manage identified financial and delivery risks.

This action reduces the likelihood of committing to a contract that does not represent best value or alignment with Council’s asset management priorities.

Social / Cultural

The bridges included in this project provide important local transport and connectivity benefits to residents, businesses, and visitors.

While postponement may delay short-term works, it will support delivery of durable, long-lasting improvements that benefit the wider community.

Ongoing communication with nearby residents and stakeholders will help maintain community confidence and awareness of Council’s commitment to the project’s eventual delivery

Attachments

1 . 2025.11.12 CONFIDENTIAL ATTACHMENT RFT 2425-138 Bridge Durability Improvement Package – Surface Application Works (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 12 November 2025

Item 9.4

9.4. Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail

This report outlines the results of the evaluation of Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail and recommends a preferred course of action.

Director Infrastructure

Officer’s Recommendation

1. That Council decline to accept any tenders submitted for RFT 2425-082- Upgrade of Merimbula Boardwalk and Foreshore Trail under clause 178 of the Local Government (General) Regulation 2021.

2. That Council enter into negotiations with the two highest ranked tenderers to address the contract requirements as set out in the confidential memorandum

3. That Council make the contract award contingent upon receipt of formal variation approval to both the Regional Tourism Activation Fund (RTAF) and Investing in Our Communities (IiOC) grand deeds to extend the program to cover the predicted construction period.

4. That Authority is delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations up to the available allocated budget.

5. That all tenderers are advised of Council’s decision.

Executive Summary

This report outlines the results of the evaluation of RFT 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail. Together with the confidential memorandum, it recommends a preferred course of action for Council’s endorsement.

The tender invited submissions for the final design of structural components, demolition of existing infrastructure, and construction of the new boardwalk, foreshore trail and associated jetties.

Contract award is to be contingent upon receipt of formal variation approvals to both the Regional Tourism Activation Fund (RTAF) and Investing in Our Communities (IiOC) Grant Deeds, to ensure alignment with the revised construction program and retention of committed funding.

Background

The project will upgrade access to Merimbula Lake with a new boardwalk structure, jetties and interpretive signage. It will support tourism, highlight Djiringanj culture, and connect visitors with local nature and the oyster industry. The upgrade aims to boost visitation and deliver lasting community benefits.

At its 20 April 2022 meeting (item 9.4), Council noted community consultation feedback, adopted the concept design, and endorsed recommended changes for detailed design.

From 2023 to 2025, design and environmental consultants prepared the development application (DA), including detailed design documents, construction methodology, and environmental assessments – informing the statement of environmental effects (SEE) and DA submission.

Development approval was determined on 25 June 2025. Tender documentation was finalised in line with DA conditions.

Tender process

The RFT 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail was released to open market on 4 August 2025 at 5:03 pm.

A mandatory site briefing session was held on 11 August 2025 – 27 contractors attended.

At tender close on 26 September at 12:00 pm, six submissions were received.

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

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

Options

1. Decline to accept any tenders under Clause 178 and enter into negotiations with the two highest ranked tenderers to provide an opportunity to address contract departures, delivery risks and confirm cost saving initiatives as applicable.

This is the preferred option.

2. Award to the second-ranked tenderer, subject to grant variation approvals.

3. Award to the highest ranked tender by accepting the level of risk indicated in the proposed departures to the standard clauses of GC21 and award the contract subject to grant variation approvals. Refer to confidential memorandum for details and risk profile.

Community and Stakeholder Engagement

Regular updates will be provided on access restrictions and exclusion zones throughout construction. The preferred tenderer proposes simultaneous works across multiple boardwalk sections to meet project timelines. The boardwalk is expected to close to the public from April 2026 to March 2027, subject to final construction programming.

Engagement undertaken

In July to August 2021, council invited community feedback on boardwalk use and improvement ideas, receiving 664 responses.

Council released a draft concept design for public comment from December 2021 to February 2022, receiving 209 submissions – 85% in support.

Council has continued to provide updates online and engage key stakeholders throughout design, environmental assessments and the DA process. Stakeholders include Bega Local Aboriginal Land Council (LALC), BVSC Access and Inclusion Advisory Committee, Department of Primary Industries – Fisheries, Biodiversity Conservation Division, neighbouring property owners, oyster growers, Sunnies cafe and Bimbimbie RSL Lifecare.

Engagement planned

Engagement will focus on keeping stakeholders informed throughout the construction phase. Engagement tools will include project updates via Council’s website and social media, on-site signage and notifications, direct communication with stakeholders, media releases, and newsletters.

As Bega Valley Shire Council (BVSC) staff await formal variation approvals to the Regional Tourism Activation Fund (RTAF) and Investing in Our Communities (IiOC) Funding Deeds, media releases and public communications regarding the Merimbula Boardwalk project remain restricted by both funding partners until the variations have been formally approved.

This restriction will be lifted once the variations are finalised, at which point broader public engagement and promotional activities can commence in alignment with the approved funding conditions.

Financial and Resource Considerations

Project funding has been secured through the following sources:

· $8,000,000 (excluding GST) from Department of Regional NSW – Regional Tourism Activation Fund (RTAF)

· $2,000,000 (excluding GST) from Department of Infrastructure, Transport, Regional Development, Communications and the Arts – Investing in Our Communities (IiOC)

· $4,486,345 (excluding GST) from Bega Valley Shire Council

The award of the construction contract will be contingent upon receiving formal variations to both the RTAF and IiOC Grant Deeds to extend the project program and final completion date.

The preferred tenderer’s price fits within the approved budget, allowing for contingency.

Item	$ Excl GST
Expenditure detail to date
Site investigation and design	See confidential memo
Statement of environmental effects including site surveys and reporting	See confidential memo
Project management and approvals	See confidential memo
Total expenditure to date	See confidential memo
Proposed expenditure detail
Project management and final approvals including environmental credit offsets	See confidential memo
Insurance and external contract services including interpretation and signage elements	See confidential memo
Construction contract price	See confidential memo
Project contingency (final design + construction)	See confidential memo
Total proposed expenditure	See confidential memo
Total project capital cost	See confidential memo
Source of funds
RTAF Grant	See confidential memo
IiOC Grant	See confidential memo
2025-26 S94 - Open Space and Recreation	See confidential memo
2025-26 SV Asset Renewal and Services FY24&25	See confidential memo
Total income budgeted	See confidential memo
Total available construction funding	See confidential memo
Project funding shortfall	See confidential memo

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	See confidential memo
Annual maintenance and operational costs	$4,000 p.a.
Depreciation costs (upper estimate)	$240,000 p.a. (indicative avg 60yr useful life)

Legal /Policy

The tender process conducted for RFT 2425-082 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Planning approval was processed under the NSW Environmental Planning and Assessment Act 1979 and included assessment by the Joint Regional Planning Pannel. Environmental reporting and assessment, including the development of a Statement of Environmental Effects, was an important part of the development application and assessment process

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This focus project from council’s Delivery Plan 2025-29 supports the Community Strategic Plan 2042 by enhancing inclusive infrastructure, boosting tourism and recreation, protecting the environment, and aligning with long-term financial and asset management plans.

Environment and Climate Change

The project supports ecological outcomes by protecting threatened coastal saltmarsh, using durable materials to reduce maintenance impacts, applying environmentally sensitive construction methods, promoting intergenerational access to nature, and considering whole-of-life costs.

Economic

The project delivers economic benefits by supporting nature-based tourism, increasing local visitation and spending, creating jobs, and strengthening local businesses such as oyster growers, cafés, and accommodation providers.

Risk

Accepting the recommended tenderer mitigates project risks, including delays, funding loss, and further asset deterioration. It ensures construction can commence on schedule, supports compliance with funding milestones, and enables the timely renewal of ageing infrastructure to meet current safety and accessibility standards.

Social / Cultural

The project supports positive social and cultural outcomes by providing inclusive access to nature, enhancing community wellbeing through recreation and connection to place, promoting Djiringanj cultural heritage through interpretive signage, enabling community events and renewing a valued local asset iconic to Merimbula and the Sapphire Coast.

Attachments

1. Confidential memo RFT 2425-082- Upgrade to Merimbula Boardwalk and Foreshore trail (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 12 November 2025

Item 9.5

9.5. Request for Tender (RFT) 2425-077 Alcocks Road Culvert Disaster Recovery Funding Arrangements (DRFA) Restoration Works

This report outlines the evaluation of (RFT) 2425-077 Alcocks Road Culvert DRFA Restoration Works and recommends awarding a contract to the preferred tenderer.

Director Infrastructure

Officer’s Recommendation

1. That council accept the recommendations outlined in the confidential memo.

2. That Council accepts the alternative tender from <xxxx> in relation to contract for the works described in Tender RFT 2425-077, in the amount of <xxxx> (including GST), subject to variations and potential provisional sums.

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

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

Executive Summary

The Alcocks Road Culvert Disaster Recovery Funding Arrangements (DRFA) Restoration Works aims to replace an existing Reinforced Concrete Box Culvert following damage caused by the December 2023 declared flood event. The project will be fully funded by the DRFA and will involve the construction of a temporary access track, removal of the existing culvert and installation a larger culvert. Completion of this project will improve the safety of Alcocks Road and improve its resilience to future flood events.

Council consulted with key stakeholders and obtained a fully developed design for replacement of the structure. A tender process was then completed, and a preferred contractor identified via the evaluation process. This report seeks endorsement to award a contract to the preferred contractor and complete repairs as soon as possible.

Background

This damage is located on Alcocks Road approximately 900m from the intersection with Tantawangalo Lane in the locality of Tantawangalo. The structure discussed in this report is a Reinforced Concrete Box Culvert (RCBC). The existing structure is 2.4m wide, 0.9m high and 6m long with concrete foundations and an unnamed waterway flowing through it.

Damage to this structure was first raised by the Disaster Recovery team on 27 December 2023 when it was observed that the headwall on the outlet side of the culvert has been dislodged and a significant section of the unsealed road surface had collapsed into the waterway below. This damage was the result of the December 2023 declared flood event. Emergency repairs were completed on 28 to 29 December involving the removal of the failed headwall and the installation of fill with rock protection to restore safe access for residents.

A scope for the replacement of the failed culvert was developed and submitted to Transport for New South Wales (TfNSW) for approval. Approval was received on 4 June 2024. In November 2024 Fairlight Engineering were engaged for the design of the new culvert structure. During the design process Fairlight identified that a like for like replacement of the existing structure, which is typical for disaster recovery projects, would not meet current Australian Standards. TfNSW were informed of this and approved an increase in the culvert size to 3m wide, 1.5m high and 6m long to meet current Australian Standards. This approval was received on 19 November 2024 and included an increase to the available budget.

In December 2025 Envirokey were engaged to complete a Review of Environmental Factors (REF) based on the approved scope of work. A complete REF was received in January 2025 and submitted to Council’s environment team for determination. Determination was received on 24 March 2025. A fisheries permit application was then prepared based on the approved scope and recommendations of the REF. A fisheries permit was granted on 11 July 2025.

After acquiring all required design, permits and approvals; scope documents were prepared before approaching the market via Vendor Panel.

The final scope of works includes:

· Implementation of safeguards as per REF including erosion and sediment controls

· Traffic management

· Clearing of vegetation and debris

· Survey and set out of the works

· Construction of a temporary access track

· Removal of the existing culvert

· Construction of concrete foundation

· Supply and installation of new culvert including wing walls

· Pavement reinstatement

· Rock scour protection

· Rehabilitating the site including revegetation.

The request for tender was issued on 19 June 2025. A site briefing was held on 9 July 2025 onsite, with five vendors attending. At tender close on 21 July 2025, seven submissions were received. The tenders were evaluated according to price (50%) and non-price (50%) criteria.

Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’ and is included in the attached confidential memorandum.

The Administering Agency for Disaster Recovery was TfNSW up until 1 October 2025 at which point the program was handed over to the NSW Reconstruction Authority. All initial approvals were provided by TfNSW, but construction of the project will be administered by the NSW Reconstruction Authority.

Options

Option 1. Proceed with the recommended tenderer.

This option allows commencement of works to align with tender program which meets the DRFA funding deadline. Option 1 will replace the damaged culvert with a new and improved structure. The associated pricing falls within the allocated budget provided by the NSW Reconstruction Authority. This is the preferred option.

Option 2. Reject recommended tenderer.

This would increase the likelihood of extended delivery timelines which could result in failure of the culvert, unplanned road closure, missed deadlines, possible retraction of agreed funding and increased supply costs. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

Engagement has been undertaken with design consultants, environmental consultants, TfNSW and Fisheries to ensure the repair of this essential public asset provides maximum benefit to all stakeholders.

Internal consultation was undertaken with BVSC staff in Works, Assets, Environment and Procurement.

An REF was completed which identified possible impacts on the community including noise, dust and traffic delays. The REF included recommendations on how to minimise these impacts. All safeguards provided will be implemented during construction.

Engagement planned

Neighbouring landowners will be consulted with once a contractor is engaged through to completion of the project. A media alert will also be issued from the council’s communications team notifying the community of the upcoming detour via the temporary crossing as well as the commencement date and duration of the work. Live Traffic will also be kept up to date throughout the project.

Financial and Resource Considerations

This project will be fully funded by the Disaster Recovery Funding Arrangements (DRFA).

Item	$ Including GST
Expenditure Detail
Alcocks Road DRFA Restoration Works – Lump Sum Contract Cost	Refer Confidential Attachment
Alcocks Road DRFA Restoration Works – Maximum Provisional Items	Refer Confidential Attachment
Total Expenditure	XXXX (sum of all costs)
Total Possible Contract Cost	Refer Confidential Attachment
Total income available
DRFA Funding (NSW Reconstruction Authority)	Refer Confidential Attachment
Total Project Capital Cost	* Total income = total project cost
Committed and Spent to Date (Design, Review of Environmental Factors, Fisheries)	Refer Confidential Attachment
Total Possible Contract Cost	Refer Confidential Attachment
Total	Refer Confidential Attachment
Total Available Construction Funding	Refer Confidential Attachment
Project Funding Surplus/ Continency	Refer Confidential Attachment

The ongoing life cycle costing impacts are negligible since the project is intended to restore the road to the prior service conditions.

Legal /Policy

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Community Strategic Plan 2042- 2025 Revision: D.6 Our transport network makes it easy to move through and beyond the shire.

Strategic Asset Management plan 2025-29: Asset Lifecycle Management, Asset Renewal and Upgrade

Environment and Climate Change

A Review of Environmental Factors (REF) was completed to help ensure that the work will be completed in an ecologically sustainable way. The REF concluded that it is unlikely that the proposed activity will have a significant impact on threatened species, populations, communities and their habitats. Any work that occurs on this site will be in accordance with the recommendations made within the REF.

Successful completion of this project will improve fish passage by lowering the base slab level compared to the current structure which will increase the chance of water pooling and natural sedimentation occurring through the structure.

Economic

Completion of this project will improve the safety and durability of Alcocks Road. This project will also reduce the likelihood of future flooding of Alcocks Road due to the increased capacity of the new culvert.

Risk

Accepting this Tender will allow council to complete this work whilst DRFA funding is available. Delaying the project may result in the funding expiring on 30 June 2027 before the work is complete.

If this work doesn’t occur, then it is highly likely that the culvert will deteriorate further in future flood and storm events which will likely result in road closures and no access for the residents at the Eastern end of Alcocks Road.

The key risks associated with the delivery of this project are:

1. Continuity of access for residents: Alcocks Road is the only access road to properties at its Eastern end. If the road is closed there will be 4 residents who cannot access their properties. To provide continuity of access during construction a temporary access track will be constructed through the waterway on the Southern side of the culvert.

2. Environmental Factors: The waterway is identified as Key Fish Habitat and as such a fisheries permit will be in place for the duration of the work. Erosion and sediment control will be in place throughout construction. The new structure will aim to improve fish passage compared to the existing culvert. At completion of construction the site will be rehabilitated by hydro mulching to reinstate ground cover wherever vegetation has been disturbed.

Social / Cultural

Restoration of the road to its intended operational conditions allows the communities using the road to access services in other service centres within the Shire such as Eden, Merimbula and Bega.

Attachments

1. 2025.11.12 RFT 2425-077 COUNCIL REPORT 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 12 November 2025

Item 10.1

10.1. Request for Tender (RFT) 2526-018: Teams calling and cloud contact centre outcome

This report details the outcome of the evaluation of tenders received in response to Request for Tender (RFT) 2526-018 Contact Centre and Telephony Solution.

Director Organisational Services

Officer’s Recommendation

1. That Council notes the recommendations set out in this confidential memorandum.

2. That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and delegates the Chief Executive Officer to enter negotiations and finalise an outcome with the preferred tenderer, with the intention to award a contract, subject to variations and provisional sums.

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

a. execute all necessary documentation and award a contract;

b. approve contract variations up to the available allocated budget;

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

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

Executive Summary

Council seeks to modernise its telephony infrastructure by implementing a Teams Telephony Calling Solution and a Cloud Customer Contact Centre that are highly reliable, secure, flexible, easy to use, easy to administer, feature rich, and that caters for our current and future requirements.

This report details the outcome of the evaluation for RFT 2526-018 Contact Centre and Telephony Solution. The procurement process has been carried out in accordance with Council’s standard procedures and relevant legislation.

Following a comprehensive evaluation of all submissions, a preferred respondent has been identified, and it is recommended that Council proceed with direct negotiations to finalise the contract.

Background

The purpose of this report is to seek approval to enter direct negotiations with the preferred tenderer for the Contact Centre and Telephony Solution.

The RFQ was released to 41 suppliers on the LGP Panel for IT&C Products, Services & Consulting (LGP115-2) on 14 August 2025. At tender box close on 4 September 2025 nine submissions were received.

The assessment of submissions was completed on 30 September 2025 and were assessed against the following evaluation criteria:

· Proposed Methodology

· Program

· Resourcing

· Experience

· Overall Project Cost.

The evaluation panel determined that the preferred vendor’s submission provided the best overall value, with strong alignment to Council’s technical, operational, and risk requirements.

Options

Options considered in relation to this procurement process:

1. Accept the recommendation to enter direct negotiations with the preferred vendor as outlined in the confidential attachment. Recommended.

2. Accept the recommendation to enter direct negotiations with alternative vendors.

3. Decline all tenderers under Clause 178 of the Local Government (General) Regulation 2021 and readvertise.

Community and Stakeholder Engagement

The procurement process was conducted in accordance with Council’s adopted Strategies – Digital Services Strategy and Community Engagement Strategy. Internal stakeholders from IT, Customer Service, and Procurement were consulted throughout the process. No external community engagement was undertaken for this technical procurement.

Engagement undertaken

Project Consultation (internal)

Project stakeholders in IT, Customer Service and impacted departments were consulted and engaged in the development of tender requirements, and general high-level communications regarding potential telephony system changes have been communicated to Council staff.

Community Consultation

This procurement activity and recommended action does not have direct external community impacts. No consultation has been undertaken. The initiative has been communicated as a planned initiative under our Digital Services Strategy and will enable Council to move forward with improved Customer Engagement and Experiences.

Engagement planned

Project Consultation (internal)

Following the completion of the procurement process, Council will commence a project management process, following the adopted project management and change communication processes, project stakeholders will be engaged.

Community Consultation

This procurement activity and recommended action does not have direct external community impacts. No dedicated consultation is planned. This project will be reported on via the Digital Services Strategy as a named initiative within.

Financial and Resource Considerations

This tender process commits Council to costs for:

- Implementation of MS Teams Telephony

- Implementation of a Cloud Contact Centre solution

- Integration of MS Teams Telephony solution and the chosen Cloud Contact Centre Solution

- Ongoing managed service annual charges

The project will be funded from Council’s approved Technology Support + Improvements operational and SRV funded LTFP budgets. The recommended solution is within the allocated budget envelope. Ongoing servicing and support costs have been considered and will be incorporated into future operational budgets.

The attached confidential memo includes relevant financial and commercial information including budget.

Financial Option Impacts | Life Cycle Costing

The ongoing costs will be funded from Council’s approved Technology Support + Improvements operational budgets. Where budget pressures exist, these will be absorbed by the SVR funded IT LTFP budget.

Legal /Policy

The tender process was conducted in accordance with Section 55 of the Local Government Act 1993, Part 7 of the Local Government (General) Regulation 2021, and Council’s Procurement Policy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with Council’s Community Strategic Plan and Digital Transformation objectives, supporting improved customer service and operational efficiency.

CSP Theme: Our Civic Leadership – Local leadership is strong, consultative, and responsive to our community needs

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

Delivery Program:

• E1.1 – Conduct day-to-day management of Council and support Councillors to undertake their role

How Telephony Upgrade supports this: Modern telephony systems enable transparent and efficient communication between Council, staff and the community, ensuring governance processes are responsive and accountable. Failure to upgrade would risk delays and reduce Council’s ability to provide timely, informed responses.

CSP Theme: Our Community – A connected, supportive, and inclusive community

CSP Strategy: A.6 Provide responsive customer service and community engagement

Delivery Program:

• A6.1 – Deliver high-quality customer service across all contact channels

How Telephony Upgrade supports this: The project improves accessibility by providing reliable voice services and integrated contact centre capabilities, ensuring residents can easily reach Council for services and support. Without this upgrade, service responsiveness and inclusivity would be compromised.

CSP Theme: Our Infrastructure – Infrastructure is sustainable and meets community needs

CSP Strategy: D.1 Plan and deliver infrastructure that meets current and future needs

Delivery Program:

• D1.2 – Maintain and upgrade core technology infrastructure

How Telephony Upgrade supports this: Replacing legacy telephony with cloud-based solutions ensures long-term sustainability, scalability and resilience. Failure to act would leave Council reliant on outdated systems that cannot support future service demands.

CSP Theme: Our Economy – A thriving, innovative, and connected economy

CSP Strategy: B.2 Support digital connectivity and innovation

Delivery Program:

• B2.3 – Implement technology solutions that enable flexible work and business continuity

How Telephony Upgrade supports this: The project drives digital transformation by enabling remote work, unified communications and operational resilience. Without this, Council risks reduced productivity and inability to adapt to changing community and workforce needs.

Environment and Climate Change

The recommended solution is cloud-based, supporting Council’s sustainability objectives by reducing reliance on physical infrastructure and enabling flexible, remote work practices.

Economic

The project will deliver operational efficiencies and improved customer service outcomes, supporting Council’s broader economic and community objectives.

Risk

Entering direct negotiations with the preferred vendor mitigates the risk of project delays and ensures Council can secure a solution that meets all technical and compliance requirements.

Compliance and Data Security Risks

Vendor must comply with State Records Act 1998, Privacy and Personal Information Protection Act 1998, and NSW Cyber Security Policy. Risks include data stored outside Australia or without ISO 27001 certification, weak backup and retention practices, and lack of MFA/SSO and role-based access controls. If these controls are not verified, BVSC could face regulatory breaches and reputational damage.

Financial and Contractual Risks

Preferred vendor agreements often involve multi-year commitments and high upfront costs. Risks include cost overruns due to scope creep or underestimated implementation complexity, vendor insolvency or poor cash flow impacting delivery.

Operational and Delivery Risks

RFQ methodology shows multiple stages (discovery, design, training, go-live). Risks include delays in site surveys and API integration for ERP and contact centre, insufficient resourcing or subcontractor performance, and failure to meet hybrid meeting and telephony adoption targets. These could lead to missed milestones and increased project costs.

Strategic and Continuity Risks

Heavy reliance on a single vendor creates lock-in risk, limited flexibility to switch providers if performance declines, business continuity risk if vendor lacks robust disaster recovery plans, and dependency on vendor’s roadmap for future upgrades and integrations.

Mitigation Recommendations

Conduct a formal vendor risk assessment (financial, cyber, operational), include clear SLAs and termination clauses in the contract, require annual compliance audits and insurance reviews, and maintain a contingency plan for critical services (e.g., backup telephony provider).

Reputational Risk – existing solutions

Failure to progress with this tender could significantly impact Council’s reputation for delivering modern, efficient and customer-focused services. Community expectations for responsive and accessible communication channels are high, and delays in implementing a contemporary contact centre solution may lead to negative perceptions of Council’s ability to meet service standards and embrace digital transformation. In addition, improved access to data is critical for enhancing customer experience through faster resolution times, personalised interactions and informed decision-making. Without this upgrade, Council risks being seen as outdated and unable to leverage technology to deliver the level of service the community expects.

Operational Risk – existing solutions

Continuing with the current legacy systems poses a risk to operational efficiency and service continuity. Existing platforms lack the scalability, integration capability and resilience required to support Council’s growing service demands. This increases the likelihood of system outages, longer call handling times and reduced ability to manage peak periods effectively, resulting in diminished customer experience and staff productivity. In addition, outdated systems often have limited security controls and may not comply with current cyber security standards, leaving Council vulnerable to data breaches, ransomware attacks and unauthorised access. These risks could compromise sensitive customer information, disrupt critical services and damage Council’s reputation for safeguarding community data.

Financial Risk

Deferring this project may lead to increased costs over time, including higher maintenance expenses for ageing systems and potential emergency upgrades and replacements in the event of system failure.

Social / Cultural

The new contact centre and telephony solution will enhance Council’s ability to engage with the community and deliver responsive customer service.

Attachments

1. 2025.11.12 CONFIDENTIAL ATTACHMENT RFQ 2526-018 Teams calling and cloud contact centre (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 12 November 2025

Item 10.2

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

This report seeks Council approval to formally revoke the drainage reserve status of land at O’Connells Point Road, Wallaga Lake.

Director Organisational Services

Officer’s Recommendation

1. That Council resolves to formally revoke the drainage reserve status over Council owned operational land being Lot 2 DP 1298485.

2. That Council authorises the Chief Executive Officer to undertake all necessary actions to give effect to the revocation.

Executive Summary

Council officers have progressed negotiations with the adjoining landowner of Lot 2 DP 1298485, in line with Council’s resolution from 21 September 2022. An agreement was reached to dispose of the land, subject to the creation of a drainage easement. Following lodgement of the transfer, NSW Land Registry Services issued a requisition requiring Council to formally revoke the drainage reserve status over the lot. This report seeks Council’s resolution to revoke the reserve status to enable completion of the land transfer.

Background

At its Ordinary Meeting on 21 September 2022, Council resolved on the proposed easement over 55 O’Connells Point Road, Wallaga Lake as follows:

That council delegate the Chief Executive Officer to negotiate the most appropriate outcome for the land referred to in this report noting this may include a combination of land acquisition, disposal and creation of easements

Following the resolution, an offer was received from the adjoining landowner to purchase the drainage reserve identified as Lot 68 DP 27538. The Chief Executive Officer approved the negotiations, and a deed of agreement was executed on 7 March 2024. A copy of the deed is attached for the information of Councillors.

Lot 68 DP 27538 is Council owned operational land that was dedicated as drainage reserve by creation of DP 27538 being a plan of subdivision of part of portion 242 registered on 19 March 1956. A certificate of title was not issued at the time.

To facilitate the transfer, a plan of First Title creation of Lot 68 DP 27538 and Redefinition of Lot 64 DP 27538 was prepared. This plan was registered on 8 November 2024 resulting in the creation of Lot 1 and 2 DP 1298485. In accordance with the executed deed of agreement, Council intended to transfer Lot 2 DP 1298485 to the adjoining landowner for the agreed compensation. Council officers received formal correspondence from legal representatives on 4 December 2024 confirming the matter was finalised and compensation had been paid. Further correspondence was received on 18 June 2025 advising registration of the transfer had been delayed by NSW Land Registry Services as the title to the lot has a notification that “The land within described is a drainage reserve” and requested evidence that the land is no longer a drainage reserve.

Council officers provided a statutory declaration signed by the Chief Executive Officer on 16 July 2025 outlining Council’s resolution and confirmation that an easement to drain water had been created and the land is no longer required to be used as a drainage reserve.

A further requisition was received along with advice from legal representatives that a formal resolution of Council is required to revoke the drainage reserve status over the land. This report seeks Council approval to revoke the drainage reserve status to enable completion of the land transfer.

Options

The options available to Council are:

1. Proceed with the revocation of drainage reserve status over Lot 2 DP 1298485 to allow the completion of the land transfer. Recommended.

2. Retain ownership of Lot 2 DP 1298485 and refund the compensation paid by the adjoining landowner.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with legal representatives regarding the requisition received.

Engagement planned

Council officers will continue to liaise with legal representatives to action the resolution of Council.

Financial and Resource Considerations

Council has incurred costs associated with legal fees, survey work and obtaining a formal valuation to progress this matter. These costs have been offset by compensation received from the adjoining landowner as agreed under the executed deed of agreement.

Should Council resolve not to proceed with revoking the drainage reserve status, the transfer cannot be completed, and Council will be required to return the compensation already received. This would also result in further compensation costs payable to the adjoining landowner for the easement already registered.

Council officer time will be required to finalise the matter.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land.

Section 49(3) Local Government Act 1993 provides that on registration of a plan on which land is marked with the statement 'Drainage Reserve' the land vests in Council in fee simple for drainage purposes. Consequently, a folio of the Register is automatically created in the name of the Council when the plan is registered. The drainage reserve comprises 'Operational Land' and may be dealt with in the same manner as other operational land standing in the name of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Delivery Program 2025–2029 identifies the management of Council’s property portfolio, including the acquisition and disposal of land to meet legal obligations as a core operational responsibility.

Additionally, this report directly advances the following strategic objective:

· Financial responsibility: Delivering commercial value from Council’s property holdings while reducing liabilities through strategic disposals and efficient tenure arrangements.

Environment and Climate Change

There are no environmental or climate change concerns associated with the proposed revocation of drainage reserve.

Economic

There are no additional economic matters associated with the proposed revocation of drainage reserve that is not already addressed in this report.

Risk

In determining its direction, Council should consider the following risks associated with this report, along with proposed mitigation strategies:

Reputational Risk
If Council resolves not to proceed with revoking the drainage reserve status, the transfer cannot proceed, and Council will not be able to fulfil the obligations of the executed deed of agreement which may cause reputational damage.

Mitigation: Proceed with the revocation of the drainage reserve status allowing the transfer to proceed.

Financial Risk
Council may be required to pay back the compensation received if the matter does not proceed. This may also result in additional unplanned compensation to be paid to the landowner for the registered easement.

Mitigation: Proceed with the revocation of the drainage reserve status to allow the transfer to proceed and no additional compensation burden.

Legal Risk
If Council resolves not to proceed with revoking the drainage reserve status, the landowner may have grounds to lodge a formal dispute under the deed of agreement.

Mitigation: Proceed with the revocation of the drainage reserve status to allow the transfer to proceed.

Social / Cultural

There are no social or cultural impacts associated with the proposed revocation of drainage reserve status.

Attachments

1. 2025.11.12 CONFIDENTIAL ATTACHMENT deed of agreement ovidiu boaru (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 12 November 2025

Item 10.3

10.3. Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2025

Council’s Financial Statements and Audit Report for the Year Ended 30 June 2025 is presented for the information of Councillors and the community. They have been placed on public notice for seven (7) days and members of the public are invited to provide comments.

Director Organisational Services

Officer’s Recommendation

That Council receive and note the report on Financial Year 2025 Audited Financial Statements and Report on the Conduct of the Audit.

Executive Summary

The FY2025 Financial Statements and audit report are provided for Councillors and the community. The Auditor’s report is required to be presented to Council within five weeks of its receipt. Council received the audit report on 31 October 2025 the reports were lodged with the Office of Local Government within the stipulated timeframes.

An unqualified audit for Financial Year FY2025 was received.

Background

The financial statements for the year ended 30 June 2025 were completed and submitted for audit to the Audit Office of NSW (through Crowe).

The annual financial statements were provided to Audit, Risk & Improvement Committee (ARIC) on 26 September 2025 and discussed at the 7 October ARIC meeting.

This report provides a summary of the financial results.

Prior to the council meeting the Auditors will make a presentation to Council and provide comments on the audited financials, observations made during the audit and answer questions. This presentation will be live streamed for the public from 10.30am on Wednesday 12 November 2025.

Options

This report presents no options as it is an administrative process to meet Council’s legislative obligations.

Community and Stakeholder Engagement

Audited Financial Statements are one of the key points of accountability between Council and our community. By providing these documents to the public, council demonstrates financial transparency.

Reviewing financial results on an annual basis provides an indication of council’s ability to provide goods, services and facilities and to carry out activities appropriate to the current and future needs of the local community and the wider public.

The Financial Statements are attached to the published 2024-2025 Annual Report and made available to the public on Council’s website and hard copies available at Council’s libraries.

Engagement undertaken

Key stakeholders in preparation of the financial statements include the Auditors, Office of Local Government and ARIC committee. Extensive internal stakeholder engagement across many functional areas of Council has been required to finalise the statements.

Engagement planned

Council is required under section 418 of the Local Government Act 1993 (NSW) to give public notice of the presentation of the financial reports, this notice was provided on Councils website on 3 November 2025.

In accordance with Section 420 of the Local Government Act 1993 (NSW), any person may make a submission in writing to Council with respect to the Council’s Audited Financial Statements or the Auditor’s Reports within seven (7) days after the date on which the reports are presented to Council.

Financial and Resource Considerations

The commentary below provides some items of note in the General Purpose Financial Statements (GPFS). Any reference to ‘budget’ in the Financial Statements is the annual Operational plan budget adopted in June.

Operating Result

The operating result (before capital) is a deficit of $9.97 million. This result is not as good as the original budget of $3.2 million surplus. The major contributing factor for the actual versus expected is an increase in interest and investment income of $5.1 million; increases in depreciation following the revaluation of assets in the FY2024 Statements $9.1 million, and a loss on renewal of infrastructure assets of $9 million.

Cash and Investments

Council’s cash and investment balance has improved in FY2025 with total cash and cash equivalents of $160.2 million at 30 June 2025. Council had external restrictions (water, sewer, developer contributions, unexpended grants and loans) of $113.3 million and internal restrictions of $29.3 million. The remaining unrestricted cash is $17.6 million.

Operating Results by Fund

The statements include a breakdown of the income statement and financial position for the General, Water and Sewer funds.

FY2025 Result

General

($‘000)

Water

($‘000)

Sewer

($‘000)

Net Operating Result

14,484

3,939

8,042

Net operating result before grants and contributions provided for capital purposes

(17,974)

(9)

8,017

Observations

· General Fund – The result is not as good as the original budget of $0.9m deficit; a decrement of $17.0m. The major contributing factor is the loss on renewal of infrastructure assets of $9.0m, increase in depreciation $6.7m and an increase in interest and investment revenue of $4.2m.

· Water Fund – The result is better than the original budgeted $1.04m deficit, with an improvement of $1.03m. The major contributing factor is an increase in depreciation of $1.4m. This is recovered by an increase in operating income of $2.1m.

· Sewer Fund – The result is better than the original budget of $5.2m surplus and sees an improvement of $2.8m. The major contributing factor is a decrease in operating expenses of $1.4m and increase in operating income of $1.4m.

Financial Performance Ratios (Consolidated)

The key performance measures indicated in the table below shows that as a consolidated entity, Council has not achieved a positive operating result.

	FY2025 (‘000)	FY2024 (‘000)	Benchmark
Operating Performance ratio	(0.76)%	6.88%	>0.00%
Own Source Revenue ratio	64.27%	58.35%	>60.00%
Unrestricted Current Ratio	3.24x	3.76x	>1.50x
Debt Service Cover Ratio	8.25x	7.55x	>2.00x
Rates outstanding percentage	4.82%	4.64%	<10% Rural
Cash expense cover ratio	18.34 months	14.74 months	>3 months

Observations

· Own source revenue has improved and exceeds the benchmark due to the water fund and sewer fund results. General fund continues to rely heavily on grants with a ratio of 54.87% Own source revenue.

· The debt service ratio is a measure of Council’s ability to service its loans. As Council’s borrowings reduce, this ratio increases.

· The cash expense cover ratio includes the restricted and unrestricted cash. Whilst the ratio is healthy it should be noted that restricted cash is only available for the specific purpose it was collected for.

Financial Performance Ratios by Fund

Statement of Performance Measures (Ratio) \| General Fund	Benchmark	FY2025
Operating Performance ratio	>0.00%	(9.67)%
Own source operating revenue ratio	>60.00%	54.87%
Unrestricted current ratio	>1.50x	3.24x
Debt service cover ratio	>2.00x	6.98
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	5.3%
Cash expense cover ratio	>3.00 months	1.83 months

Statement of Performance Measures (Ratio) \| Water Fund	Benchmark	FY2025
Operating Performance ratio	>0.00%	(0.05%)
Own source operating revenue ratio	>60.00%	79.11%
Unrestricted current ratio	>1.50x	81.83
Debt service cover ratio	>2.00x	∞
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	4.06%
Cash expense cover ratio	>3.00 months	∞

Statement of Performance Measures (Ratio) \| Sewer Fund	Benchmark	FY2025
Operating Performance ratio	>0.00%	31.80%
Own source operating revenue ratio	>60.00%	99.04%
Unrestricted current ratio	>1.50x	28.70x
Debt service cover ratio	>2.00x	7.0x
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	3.67%
Cash expense cover ratio	>3.00 months	∞

The (unaudited) Infrastructure report provides additional KPI’s regarding Council performance in the management of community infrastructure. Below is a summary of the performance against the benchmarks, both consolidated and by fund.

Report on Infrastructure Assets (Ratio) \| Consolidated	Benchmark	FY2025
Buildings and infrastructure renewals ratio	>=100.00%	106.79%
Infrastructure backlog ratio	<2.00%	1.53%
Asset maintenance ratio	>100.00%	92.65%
Cost to bring assets to agreed service level	NA	1.02%

Report on Infrastructure Assets (Ratio) \| General Fund	Benchmark	FY2025
Buildings and infrastructure renewals ratio	>=100.00%	130.87%
Infrastructure backlog ratio	<2.00%	2.07%
Asset maintenance ratio	>100.00%	86.65%
Cost to bring assets to agreed service level	NA	1.45%

Report on Infrastructure Assets (Ratio) \| Water Fund	Benchmark	FY2025
Buildings and infrastructure renewals ratio	>=100.00%	55.71%
Infrastructure backlog ratio	<2.00%	0.00%
Asset maintenance ratio	>100.00%	112.71%
Cost to bring assets to agreed service level	NA	0.00%

Report on Infrastructure Assets (Ratio) \| Sewer Fund	Benchmark	FY2025
Buildings and infrastructure renewals ratio	>=100.00%	51.42%
Infrastructure backlog ratio	<2.00%	0.00%
Asset maintenance ratio	>100.00%	116.38%
Cost to bring assets to agreed service level	NA	0.00%

Observations

· Renewal ratios for Water and Sewer infrastructure reflect the longer lifespans of these assets, Council is required to maintain a 30 year plan for renewal for these assets.

Financial Performance and Position

FY2025 Result	(‘000) $
	Original Budget	2025 Actual	2024
Total Assets	1,828,151	2,019,248	1,967,216
Total Liabilities	64,445	67,821	72,514
Net Assets	1,761,706	1,951,427	1,894,702
Total Equity	1,761,706	1,951,427	1,894,702

Observations

· Total assets increased by $191m from budget and $52m from previous year. The major contributing factor for this increase in infrastructure, property, plant and equipment and increase in investments.

· Net assets increased by $190m from budget and $57m from previous year.

· Equity increased by $190m from budget and $57m from previous year.

Budget Information

Preparation of this report, the execution of the external audit and the additional support required to have the Financial Statements audited has been undertaken within the Financial Services Administration general fund budget.

Legal /Policy

Section 413 of the Local Government Act requires a resolution of Council to refer the draft financial statements to audit. This was completed on 16 October 2025.

Section 413 (2c) requires a resolution of Council that the annual financial statements have been prepared in accordance with:

· The Local Government Act 1993 (as amended) and the Regulations made there under

· The Australian Accounting Standard and professional pronouncements,

· The Local Government Code of Accounting Practice and Financial Reporting.

and that, to the best of their knowledge and belief, the financial statements present fairly the operating result and financial position and accord with Council’s accounting and other records.

Section 418 of the Act requires that as soon as practicable after Council receives a copy of the auditor’s report, it must fix a date for a meeting to present the audited financial statements to the public, and it must make the financial statements available for public inspection for at least 7 days prior to the meeting date.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

E.1 Lead, govern and regulate in and ethical, equitable, transparent and accountable way.

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

· Prepare compliant financial reports including audited annual accounts

· Provide relevant, timely and accurate financial information for corporate and audit reporting

Environment and Climate Change

The audited financial results at 30 June 2025 provide information that can be used to assess Councils financial position by using the results to calculate the financial sustainability ratios both consolidated and separately by the three operating funds (general, water, sewer).

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal to ensuring a financially responsible and effective organisation. As well, an opportunity to assess actual performance against strategic plans, highlighting any challenges and unexpected events that may impact the final results.

Risk

Information in the financial statements and reports assist with analysis of the performance of Council. Following the Audit, Council receives a management letter that describes areas of risk identified and makes recommendations for areas that Council should give attention. In addition, Council Officers review the reports and undertake internal analysis of the results, providing an opportunity for strategic and organisational risks to be identified and captured in accordance with our Enterprise Risk Management Framework. Assessment of the controls in place to manage identified risks is a function of the Audit, Risk and Improvement Committee and the annual external audit process.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The Financial Statements provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2025) that is used to inform future decisions and direction.

Attachments

1 ⇩. Bega Valley Shire Council Annual Financial Statements 2024-25

Council 12 November 2025

Item 10.4

10.4. Twyford hall lease - Shop 2

Council approval is sought to enter into a lease with Dynasty Nails & Beauty for occupation of Shop 2, Twyford Complex at Market Street, Merimbula

Director Organisational Services

Officer’s Recommendation

That Council authorises the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of five (5) years with an option for a further five (5) years to Dynasty Nails & Beauty for occupation of Shop 2, Twyford Complex at Market Street, Merimbula.

Executive Summary

The Twyford Hall Complex Limited (TTHCL) is responsible for the management of the Twyford Complex, including Shop 2 in accordance with the Management Deed (Deed) and has formally advised Council that they wish to grant a lease to Dynasty Nails & Beauty for occupation of Shop 2, Twyford Complex. This report outlines the lease proposal and seeks Council approval to provide tenure.

Background

Council resolved at its Ordinary Meeting of 25 October 2017, when considering the options for the ongoing management of the Twyford complex in Merimbula, as follows:

1. That Council note the report.

2. That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years).

3. That the General Manager and Mayor are authorised to execute the required documentation.

4. That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex.

Following Council’s resolution, a Deed was entered into with Twyford Hall Inc (THI), set to expire on 30 November 2022. After land parcel consolidation and THI’s transition to a new legal structure in May 2022, a new Deed was executed with The Twyford Hall Complex Limited (TTHCL), extending tenure until August 2027. Under this Deed, TTHCL registered in NSW as a company limited by guarantee manages the Twyford Complex on Council’s behalf for the benefit of the Merimbula community. TTHCL is also required to operate in accordance with Council’s adopted Plan of Management dated 9 November 2010.

In line with the Deed, TTHCL retains all income from the complex, including commercial premises, in trust for Council to support management services. On 14 December 2022, Council resolved to grant a lease to Coast Property Group Far South Coast Pty Ltd for three years with two three-year extension options. The lease commenced and expires on 18 December 2025. Coast Property Group has declined to extend and vacated the premises. TTHCL has actively marketed Shop 2 for over six months and now seeks Council approval to proceed with a lease proposal from Dynasty Nails & Beauty.

Options

The options available to Council are:

1. Approve TTHCL’s recommendation to grant a five-year lease with a five-year extension option to Dynasty Nails & Beauty for Shop 2, Twyford Complex, Market Street, Merimbula. Recommended.

2. Initiate a public tender process for the commercial premises. Note that under the Deed, TTHCL holds management responsibility, and Shop 2 has historically been difficult to lease. The current lease expires on 18 December 2025.

3. Retain vacant possession of the premises for alternative use. This would significantly impact the Twyford Complex’s operations, as rental income supports ongoing maintenance and upgrades.

Community and Stakeholder Engagement

Engagement undertaken

Under section 46A(3) of the Local Government Act 1993 (NSW), leases exceeding five years must be granted by public tender unless issued to a non-profit organisation. To ensure transparency and avoid any perception of impropriety, Council needed to confirm that direct negotiations with the proposed lessee were appropriate in this case.

A tender process is not considered beneficial for the following reasons:

1. The adopted Plan of Management expressly permits commercial leasing within the Twyford Complex.

2. TTHCL holds delegated management responsibility and has recommended granting tenure to Dynasty Nails & Beauty.

3. Shop 2 has been actively marketed by TTHCL for over six months.

4. The proposed lessee will pay a commercial rate, supporting the complex’s maintenance and upgrades.

5. Market testing is uneconomical given the difficulty in leasing Shop 2 and current vacancies in Merimbula’s main street.

6. Council will advertise the proposed lease under section 47 of the Act, allowing public comment.

7. Annual pecuniary interest returns have been completed by Council officers, with no conflicts disclosed.

Engagement planned

Council officers intend to issue ten (10) years tenure, therefore in accordance with the provisions of section 47 of the LG Act if Council proposes to grant a lease, in respect of community land for a period exceeding 5 years, it must:

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

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

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

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

Council officers have advised TTHCL that Dynasty Nails & Beauty may require additional planning approvals for the proposed use. TTHCL and the prospective tenant will be required to consult with Council’s planning team to confirm requirements.

Financial and Resource Considerations

TTHCL obtained an updated market rental valuation on 29 July 2025 which assessed the starting annual rental at $30,800 per annum exclusive of GST. Following discussions between TTHCL and the proposed lessee, a revised rental proposal is being presented for the consideration of Councillors:

· Rent: $26,400 inclusive of GST per annum

· Bond: 4 weeks rent

· Lease commencement: January 2026

· Lease term: Five (5) years with a further five (5) year option

While the proposed rental amount is below market valuation, it reflects current market conditions. Despite active marketing by both the existing lessee and TTHCL, demand has been limited and the premises have remained vacant for over six months. In accordance with the Deed, all income from the lease is held in trust by TTHCL for Council, to support delivery of management services under the agreement.

Legal /Policy

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Delivery Program 2025–2029 identifies the oversight of leases and licences for Council-owned land and buildings as a core operational responsibility. This function ensures that Council assets are managed effectively, transparently, and in alignment with strategic objectives. By maintaining oversight, Council supports the sustainable use of public assets, maximises community benefit, and ensures compliance with legislative and policy frameworks.

This strategic focus also enables Council to respond to changing market conditions, community needs, and asset management priorities. It provides a structured approach to tenure decisions, ensuring that proposals, such as the lease of Shop 2 within the Twyford Complex are assessed in accordance with Council’s adopted plans, financial considerations, and governance obligations.

Environment and Climate Change

There are no environment and climate change matters associated with the recommendation of this report.

Economic

The proposed lease will provide TTHCL income to support the operation, maintenance and repair of the Twyford Complex.

Risk

There are no significant risks associated with the proposed occupation of Shop 2 within the Twyford Complex, provided the lease agreement includes appropriate indemnity and insurance provisions. The formal lease will ensure legal clarity around responsibilities, mitigate liability exposure for Council, and safeguard the asset through enforceable terms. Additionally, the lease arrangement supports continuity of operations and contributes to the financial sustainability of the complex, reducing the risk of prolonged vacancy and associated maintenance shortfalls. Any planning or compliance risks will be managed through consultation with Council’s planning team prior to occupation.

Social / Cultural

The proposed lease will improve and activate the Twyford complex which will have a positive outcome for the community.

Attachments

Nil

Council 12 November 2025

Item 10.5

10.5. Legal matters update

The purpose of this report is to update councillors on ongoing and closed legal matters for the reporting period.

Director Organisational Services

Officer’s Recommendation

That Council receive and note the information report on ongoing and closed legal matters as of 21 October 2025.

Executive Summary

Council’s Procedure 6.03.02 Legal Management Process ensures councillors are informed about key litigation matters, with bi-annual reports in May and November.

Background

Council’s Procedure 6.03.02 Legal Management Process outlines the arrangements for the control, coordination, management, and provision of legal services on behalf of Council. It aims to establish an appropriate workflow to ensure councillors are kept informed and consulted on key litigation matters. This process includes bi-annual reporting in May and November each year to update councillors on ongoing and closed legal matters during the reporting period.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

During the reporting period, engagement has included regular communication and consultation with relevant internal stakeholders, including Council officers, Directors, and the Executive Team, to ensure accurate tracking and management of ongoing and closed legal matters. Where appropriate, external legal representatives have been consulted to provide advice and support on specific cases. Updates have also been provided to affected parties as required, and relevant information has been shared with councillors through confidential briefings and reports.

Engagement planned

Any court related legal proceedings are summarised in Council’s Annual Report which is publicly available on Council’s website.

Financial and Resource Considerations

A key matter that arises from litigation is the recovery of legal costs. Council’s position is to seek recovery of Council costs in all matters where costs are recoverable, either by consent or by court order, unless there is a recommendation from Council’s solicitors to accept a lesser amount than the full legal costs incurred.

The attached bi-annual legal matter report provides councillors with detailed information on the costs incurred for each matter and indicates whether these legal costs are being recovered as part of the legal management process.

Legal /Policy

The Local Government Act 1993 (LG Act) establishes the overarching legal framework for the operations of local councils in NSW. It includes provisions under section 335 that grant the Chief Executive Officer (CEO) the authority to manage the day-to-day operations of Council. The LG Act also emphasises transparency and accountability in council operations, including the management and reporting of legal proceedings.

Additionally, under section 378 of the LG Act, Council can delegate its powers and functions to the CEO. This section also allows the CEO to approve instruments of delegation to Council officials, enabling them to conduct legal proceedings effectively and efficiently on behalf of Council.

In accordance with clause 217(1)(a3) of the Local Government (General) Regulation 2021 (NSW), details of court related legal proceedings are summarised in Council’s Annual Report.

This confidential bi-annual reporting will ensure that councillors are kept informed about significant legal matters that may impact council's finances and reputation, while also maintaining the confidentiality of sensitive legal information.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s Delivery Program 2025–2029 by supporting transparent governance, risk management, and informed decision-making. Regular updates on legal matters ensure that Council meets its objectives for accountability and good governance, as outlined in the Delivery Program. By keeping councillors informed of ongoing and closed legal matters, Council demonstrates its commitment to responsible leadership, compliance, and continuous improvement in service delivery to the community.

Environment and Climate Change

Several legal matters have environment and climate change consequences which are considered on a case-by-case basis taking into consideration legislation, strategies and plans to ensure compliance and base case outcomes.

Economic

Bi-annual legal matter reporting to Council has several significant economic impacts. It is a monitoring tool that ensures Council is kept informed about ongoing and closed legal matters, which can have substantial financial implications. By keeping councillors updated, Council can better manage its financial resources, strategic risks and anticipate potential liabilities.

Risk

Regulatory and statutory compliance is identified as a strategic risk as follows:

Council must adapt to a changing and expanding regulatory compliance environment. The issue of rising administrative complexity and cost of continuous change with increasing and sometimes competing statutory and regulatory compliance regimes remain an ever-present challenge for councils across the country. Where Council is unable to adapt to dynamic compliance and legislative changes risk scenarios can include increased and successful litigation/prosecution, reputational damage which in turn impacts financial stability.

Council’s Procedure 6.03.02 Legal Management Process aims to mitigate risks associated with legal engagement and action by:

· Avoiding conflicts of interest

· Ensuring consistency and quality of service

· Maintaining legal professional privilege and

· Maximising value from Council’s expenditure on external legal services.

Additionally, Council’s proactive approach to cost recovery for legal matters can significantly mitigate the financial burden of legal proceedings on Council's budget.

Social / Cultural

Bi-annual legal matter reporting ensures transparency and accountability in Council operations, which is crucial for maintaining public trust and confidence. By keeping councillors informed about ongoing and closed legal matters, Council can foster a culture of openness and responsiveness to community concerns.

Additionally, the reporting process can highlight significant public interest issues, such as contractual matters involving other government agencies and lease agreement issues with community organisations. Addressing these matters transparently with councillors can enhance Council's reputation and demonstrate its commitment to serving the community's best interests.

Attachments

1. Legal matters for Council as at 21 October 2025 (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 and information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(d) and (e) of the Local Government Act 1993.

2 . Court Attendance CRM report 1 July - 21 October 2025 (Confidential - As this attachment contains a discussion in relation to the personal hardship of a resident or ratepayer and information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(b) and (e) of the Local Government Act 1993.

Council 12 November 2025

Item 10.6

10.6. Pambula Surf Life Saving Club sublease

This report outlines the outcome of the Expression of Interest process recently conducted by the Pambula Surf Life Saving Club to sublease the kiosk within the building to a third-party operator.

Director Organisational Services

Officer’s Recommendation

1. That Council, as Crown Land Manager of Reserve (R89211), approve the submission of an application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sublease the kiosk area within the building to Toast Café, following the completion of an appropriate expression of interest process.

2. That Pambula Surf Life Saving Club remit ten percent (10%) of annual sublease income to Council to contribute towards costs associated with ownership of the asset.

3. That all costs associated with the proposed sublease and any required amendment to the head lease be borne by Pambula Surf Life Saving Club.

Executive Summary

This report presents the outcome of the Expression of Interest process conducted by Pambula Surf Life Saving Club to identify a suitable operator for the kiosk within the surf club building. Following a transparent process involving public advertising, community consultation, and evaluation of submissions, Toast Café has been recommended as the preferred operator. The Club is progressing the necessary development application modification and engaged legal and planning support to facilitate the proposed sublease arrangement.

Council is asked to consider approving an application to the Minister for Lands and Property for the sublease to Toast Café, subject to completion of all statutory requirements. In line with Council’s previous resolution, it is recommended that Pambula Surf Life Saving Club remit 10% of annual sublease income to Council to offset asset-related costs, and that all costs associated with the sublease and any required lease amendments be borne by the Club.

The proposed sublease is expected to strengthen the Club’s financial sustainability, support ongoing maintenance and surf life saving activities, and deliver broader community and economic benefits. Council officers will continue to work collaboratively with the Club and relevant stakeholders to ensure compliance with legal, planning, and consultation requirements.

Background

Council resolved at its Ordinary Meeting of 20 March 2024, when considering surf club tenure arrangements as follows:

1. That Council receive and note the report.

2. That Council authorise the Chief Executive Officer to negotiate new 20 year leases with Tathra and Bermagui Surf Life Saving Clubs on the provision that all operating, maintenance and capital upgrades be undertaken by Tathra and Bermagui Surf Life Saving Clubs.

3. That Council, as Crown Land Manager of Reserve (R79310), approve the making of an application to the Minister for Lands and Property for a 20-year lease to Tathra Surf Life Saving Club for occupation of Tathra Surf Life Saving building at the Crown Lands statutory minimum rental adjusted annually by CPI.

4. That Council, as Crown Land Manager of Reserve (R83225), approve the making of an application to the Minister for Lands and Property for a 20-year lease to Bermagui Surf Life Saving Club for occupation of Bermagui Surf Life Saving building at the Crown Lands statutory minimum rental adjusted annually by CPI.

5. That Council, as Crown Land Manager of Reserve (R89211), approve the making of an application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sub lease the kiosk area within the building to a third-party operator following an appropriate expression of interest and community consultation process.

6. That Pambula Surf Life Saving Club remit ten (10) percent of annual sub lease income to Council towards costs associated with the ownership of the asset.

7. That the Tathra, Bermagui and Pambula Surf Life Saving Clubs be responsible for payment of the costs of Council or its solicitors in relation to the preparation and registration of the leases and sub leases, including any survey, valuation and Native Title assessment costs.

Following the Resolution of Council, lease agreements were issued to Tathra and Bermagui Surf Life Saving Clubs, and Pambula Surf Life Saving Club was formally notified of the resolution. The 20-year lease agreement with Tathra Surf Life Saving Club has since been executed. Council officers continue to work with Bermagui Surf Life Saving Club to finalise its lease.

Council officers also engaged with Pambula Surf Life Saving Club on 26 March 2024 to discuss the potential for subleasing the kiosk area to a commercial operator. At that time, Club representatives indicated their preference to continue operating both the kiosk and restaurant through volunteer efforts and outsourced contracting arrangements, which are permissible under the lease provided they serve a community benefit. Council officers advised that any sublease would require Ministerial consent due to the Crown lease status and may necessitate a change in lease purpose to include retail. Native Title implications must also be considered, as the lease was established prior to the commencement of the Crown Land Management Act 2016. Additionally, the RE1 zoning permits kiosks only, subject to development consent with a maximum floor area of 50m² as specified in Clause 5.4 of the Bega Valley Local Environmental Plan 2013. A transparent expression of interest process and consultation with adjoining businesses would also be required, with any objections to be presented to Council prior to seeking lessor and Ministerial consent.

During the 2024–25 summer season, Council received a request to support the Club’s engagement of Toast Café to operate the kiosk and assist with funding nippers program expenses. Clause 25 of the Crown lease permits the Club to hire the premises to other community groups under specific conditions, including use compatibility, financial reporting, and insurance requirements. Although Toast Café is not classified as a community group, Council consented to its use of the kiosk for the nippers’ season on the basis that the Club was not receiving income from the arrangement and the activity supported community benefit.

To formalise a sublease, the Club was advised to undertake an expression of interest and community consultation process, including newspaper advertising, signage on the building, and notification to adjoining properties. On 29 August 2025, the Club’s legal representative confirmed that these steps had commenced, including public advertising and notification. Following further correspondence, it was determined that a modification to the original development application was required to enable commercial leasing of the kiosk. The Club is progressing with this approval and has submitted an evaluation of two proposals, identifying Toast Café as the preferred operator based on community support. Council officers have been advised that the final step is completion of the development application modification, with planning support engaged to assist.

Options

The options available to Council are as follows:

1. Approve the application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sublease the kiosk within the building to Toast Café, following completion of the required expression of interest, community consultation, and development application processes. Recommended.

2. Approve the application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sublease the kiosk within the building to the alternative operator who submitted a proposal through the Club’s expression of interest process. Noting the Club has completed an evaluation of submissions and identified Toast Café as the preferred operator, with supporting documentation attached.

3. Decline to proceed with the application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sublease the kiosk within the building. Noting this would forgo an opportunity for the Club to generate additional income to support ongoing operational, maintenance and capital upgrade costs associated with the building, as well as Surf Life Saving activities such as equipment purchases.

Community and Stakeholder Engagement

Engagement undertaken

Pambula Surf Life Saving Club conducted an expression of interest process between 23 July and 20 August 2025 to identify a suitable operator for the kiosk space within the surf club building. The opportunity was publicly advertised in the Merimbula News Weekly on 23 July 2025, and a notice was displayed on the surf club premises. The Club also issued notifications to adjoining landowners and businesses as part of the consultation process.

To support progression of the required development application modification and sublease, the Club engaged legal representatives and planning consultant Richie McNeill.

Engagement planned

Council officers will continue to work collaboratively with Pambula Surf Life Saving Club, their legal representatives, Crown Lands, and the Minister for Lands and Property as required to implement Council’s resolution.

The Club will also be responsible for notifying both successful and unsuccessful applicants of the outcome of the recent expression of interest process.

Financial and Resource Considerations

As outlined in the finance section of the report presented to Council on 20 March 2024, Pambula Surf Life Saving Club’s current Crown lease permits the Club to hire out the venue for meetings and functions, with any income generated from hire fees retained by the Club to assist with building maintenance, including structural repairs. Council continues to incur expenses associated with the asset, such as insurance, depreciation, annual fire safety statements, regular fire inspections, and building condition assessments. In addition, Council funds a professional summer surf lifesaving program at a cost of approximately $230,000 per year, although this is separate from building-related expenses.

Following the resolution of Council on 20 March 2024, new surf club lease agreements for Tathra and Bermagui now include a detailed maintenance schedule. Where approval is granted for sublease arrangements, a portion of the income collected by the Club specifically, 10% of annual rental income is to be remitted to Council to offset asset-related costs.

For the proposed sublease and any new lease for Pambula Surf Life Saving Club, it is intended that all costs associated with the sublease and any required amendments to the head lease will be borne by the Club.

Legal /Policy

The lease between Bega Valley Shire Council (as manager of the Pambula Beach Reserve Trust) and Pambula Surf Life Saving Club Incorporated was executed prior to the commencement of the Crown Land Management Act 2016. Under Clause 6.1 of the lease, the Club must not assign, transfer, sublet, or part with possession of any part or all of the premises without the prior written consent of Council as Lessor. In addition, Ministerial consent is required for any such arrangement.

Any sublease or hire of the premises must be compatible with the permitted uses outlined in Clause 6.2, which include use as a clubhouse, public hall, or for other approved cultural, educational, sporting, or community purposes. Clause 25 further allows the Club to hire the premises to other community groups, subject to Council’s consent, compliance with relevant zoning and public recreation purposes, and specific conditions regarding financial reporting and insurance.

Accordingly, any proposed sublease arrangement, including the kiosk area requires both Council and Ministerial consent, must comply with the lease’s permitted uses and relevant planning controls, and must be consistent with the requirements of the Crown Land Management Act 2016. A Native Title assessment and consultation with the NSW Aboriginal Land Council are essential steps in the process to ensure compliance with statutory obligation under the Crown Land Management Act 2016.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Environment and Climate Change

The proposed sublease is not expected to have significant environmental impacts, as use remains within the existing footprint and permitted activities. Operations must comply with planning controls for waste, energy, and coastal protection.

Economic

The proposed sublease will provide Pambula Surf Life Saving Club with additional income to support building maintenance, repairs, and surf life saving activities. Council will receive 10% of annual sublease income to offset asset-related costs. The presence of a commercial operator is expected to benefit the local economy by attracting visitors and supporting community programs. Overall, the arrangement is expected to strengthen the Club’s financial sustainability and contribute positively to the local area.

Risk

There has been an ongoing legal dispute between Pambula Surf Life Saving Club and a neighbouring business regarding the proposed sublease of the kiosk area within the surf club building. This situation presents several risks to Council, including staff resourcing, increased legal costs, and possible reputational impacts if the dispute escalates or attracts adverse publicity.

The dispute may also impact the Club’s ability to obtain Ministerial consent for the sublease, as unresolved objections from adjoining businesses are a relevant consideration in the approval process. The neighbouring business’s response to the Club’s expression of interest process is attached for Councillors’ reference. If the dispute continues, it could affect the Club’s capacity to generate additional income to support ongoing maintenance, nippers, surf life saving activities, and operational costs.

Social / Cultural

Pambula Surf Life Saving Club has successfully operated from the site for many years and support the core objectives for the reserves to the benefit of the community. They are a vitally important part of the local community.

Attachments

1 ⇩. Council report dated 20 March 2024 - Surf Life Saving Clubs

2. Pambula Surf Life Saving Club expression of interest for use of kiosk evaluation (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 . Pambula Surf Life Saving Club expression of interest - submission 1 (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.

4 . Pambula Surf Life Saving Club expression of interest - submission 2 (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 12 November 2025

Item 10.7

10.7. Proposed new road name - Terry Lane, South Pambula

Council has received an application to formally name a road associated with Development Application 2021.1340.

Director Organisational Services

Officer’s Recommendation

1. That Council approves the submission of the proposed road name - Terry Lane - associated with Development Application 2021.1340 at South Pambula, to the Geographical Names Board for consideration and approval.

2. That Council advertises the proposed road name Terry Lane at South Pambula on its website, inviting submissions to the proposal.

3. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

Executive Summary

Council has received an application to formally name a road associated with Development Application 2021.1340.

In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals that are not on Council’s pre-approved list are required to be reported to Council before submitting to the Geographical Name Board for approval.

Background

On 5 September 2022 consent was issued for Development Application 2021.1340 (DA 2021.1340) for a dwelling with attached garage, detached shed and construction of a new council road within the adjoining existing road reserve.

Following this, an application to modify this consent was received by Council and determined on 14 November 2024. Condition 17 of the consent requires construction of the following roadwork, in what is referred to as Furner Lane, to the frontage of Lot: 15 DP: 1022752:

· Bitumen sealed ACCESS Street, as per BVSC Spec D1

· Pavement designed for a traffic loading of as per spec D2 ESAs and subgrade CBR of 3 (unless site specific testing provided),

· Suitable vehicle turning facility at the Northern end of this road,

· All associated stormwater and subsoil drainage works,

· Grassing of footways,

· Erection of a street name sign,

· All other works necessary to achieve the above.

Following consultation with Council’s Planning Services team it has been established that whilst this road is referred to as Furner Lane in the consent issued, and on the stamped plans, there is no gazettal notice to confirm this naming. Furner Lane was used as a reference by staff and the road has not been formally named.

Figure 1 – site plan showing Furner Lane.

The applicant has proposed naming the road Terry Lane in honour of his father, Clifford Terry. Clifford migrated to Australia in 1962 and established a beef farm in Burragate, where he also operated the local telephone exchange, post office, and bread delivery service. He was a dedicated community member, volunteering in various roles, and served in the Royal Australian Air Force for over 12 years.

Council’s Road Naming Procedure 4.10.6 stipulates that road names based on the following themes can be nominated for consideration by Council:

i. Local Aboriginal heritage;

ii. Early explorers, pioneers, settlers and historical figures;

iii. Natural environment, marine, flora or fauna.

The proposed name does not strictly comply with the above themes as Clifford Terry’s contribution to the area, whilst meaningful, may not be considered as an early explorer, pioneer, settlers or historical figure.

Options

The options available to Council are:

1. Proceed with the submission of the road name Terry Lane to the Geographical Names Board for approval. Recommended.

2. Request the applicant choose a name from Council’s pre-approved list of names that have already received the approval of Council and the Geographical Names Board of NSW.

3. Request the applicant provide an alternate road name for Councils further consideration that comply with Council’s Road Naming Procedure 4.10.6.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have reviewed the eligibility of the proposed road names with the Geographical Names Board’s evaluation tool, with no potential issues found.

Engagement planned

If approved, the proposed roads name of Terry Lane will be advertised on Council’s website, allowing a period of 14 days for submissions to be received. If any objections are received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee of $1,565.00 has been paid by the applicant. This fee covers all costs associated with the road naming process. Council officer’s time will be required to complete the public notification process.

Legal /Policy

Under Council’s Road Naming Procedure 4.10.6, the naming of Shire roads is pursuant to Section 162 of the Roads Act 1993 (NSW) and the NSW Geographical Names Board Address Policy and User Manual, adopted in October 2024.

In accordance with Division 1 Clause 7 of the Roads Regulation 2018 (NSW), Council may now publish road naming proposals on its website in place of advertisements in a local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2025-2029 identifies as core business the need to “Process Road naming applications in accordance with current legislation and guidelines”. This report directly contributes to that objective by ensuring that the proposed road naming is carried out in alignment with legislative requirements and Council policy frameworks, including the Roads Act 1993 (NSW), the Roads Regulation 2018 (NSW), and Council’s Road Naming Procedure 4.10.6.

It supports Council’s commitment to maintaining a consistent, transparent, and compliant approach to road naming, as outlined in the NSW Geographical Names Board Address Policy and User Manual and contributes to the broader goals of effective infrastructure planning, community engagement, and regulatory adherence under the Delivery Program 2025–2029.

Environment and Climate Change

There are no environment and climate change considerations associated with the naming of Shire roads.

Economic

There are no additional economic implications associated with this report beyond those already addressed in the Finance section of this report.

Risk

In determining its direction, Council should consider the following risks:

· Reputational Risk due to non-compliance with Council’s Road Naming Procedure 4.10.6. The proposed name Terry Lane does not fully align with Council’s Road Naming Procedure 4.10.6. However, Council officers acknowledge the applicant’s justification and recognise the memory of a family member that has had significant community impact.

· Should objections be received during the 14-day public submission period, Council may be required to reassess the proposed names.

· Any requirement to rename or reconsider proposed road names may result in increased officer time, further engagement with the applicant, and extended timelines for finalisation.

Social / Cultural

The inclusion of Terry Lane, despite not strictly complying with Council’s Road Naming Procedure 4.10.6, acknowledges the historical significance of applicant’s father and his contribution to the local area. This contributes to the preservation of local heritage and reinforces community identity.

Attachments

Nil

Council 12 November 2025

Item 10.8

10.8. Audit, Risk and Improvement Committee (ARIC) Activities

The purpose of this report is to present the internal audit, risk management and improvement undertakings of Audit, Risk and Improvement Committee (ARIC) during the period of July 2024 to June 2025, the ARIC quarterly report for September 2025 and propose remuneration for ARIC independent voting members.

Director Business and Governance

Officer’s Recommendation

1. That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council.

2. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) September (held in October) 2025 quarterly report.

3. That Council approve remuneration for ARIC members from 1 March 2026 as:

i. Chair - $1,500 per meeting, plus superannuation and out of pocket expenses.

ii. Member - $1,000 per meeting, plus superannuation and out of pocket expenses.

4. That Council approves a full committee renewal after the December 2025 meeting, as detailed in the officer’s report.

5. That following a competitive EOI process for the three independent committee members on ARIC a report be presented to Council to confirm appointments.

Executive Summary

The purpose of the Audit, Risk, and Improvement Committee (ARIC) annual report is to summarise the internal audit, risk management, and improvement activities conducted by Council, as observed and facilitated by ARIC. Additionally, the report aims to provide an overall opinion on the Council’s risk management, internal control, and governance arrangements.

The quarterly report provides an update on the activities of the Audit, Risk and Improvement Committee (ARIC) to support accountability and highlight issues or emerging risks identified by the ARIC that may influence the strategic direction of Council.

In accordance with the Local Government (General) Amendment (Audit, Risk and Improvement Committees) Regulation 2023 and the Office of Local Government Guidelines for Risk Management and Internal Audit for Local Government in NSW, Council is invited to consider appropriate remuneration arrangements for Audit, Risk and Improvement Committee (ARIC) members. The fees paid to the chairperson and independent members should be mutually agreed upon and consider the level of time, commitment, and responsibility involved in fulfilling their roles on the committee.

Council approval is now sought to endorse the recommended remuneration fees prior to commencing the Expressions of Interest (EOI) process for new suitably qualified and experienced independent, external members for the Bega Valley Shire Council’s ARIC.

Background

ARIC is an independent advisory committee made up of community members who assist our elected officials in overseeing Council. Specifically, ARIC monitors organisational performance, fosters a culture of continuous improvement among Council officers, and provides crucial independent oversight of the Council’s operational and strategic functions. Additionally, ARIC is a mandated requirement under Part 4A of the Local Government Act 1993 (NSW) (LG Act).

Ongoing reporting by ARIC to the governing body is required under the Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. After every committee meeting, ARIC must update the governing body on its activities and opinions. In addition, the Guidelines require ARIC to prepare and present an annual report to Council, summarising its work and providing an overview of key findings and recommendations for the year. Copies of the ARIC quarterly report for September (held in October) 2025 and the annual report are attached to this business paper for councillors' information.

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

The current independent external members of ARIC are Michael Pryke (Chair), Nick Derera, and Martin Booth. Michael has submitted his resignation, effective from 7 October 2025, giving three months’ notice. Following the December 2025 meeting, Council officers recommend reviewing the committee’s full membership, consistent with its authority under clause 216H of the Local Government (General) Regulation 2021. If remuneration is approved, it is likely to attract highly skilled professionals to the committee, thereby enhancing expertise and independence.

Options

There are several options available to Council associated with this report including but not limited to:

1. Approve remuneration for ARIC members as outlined in the officer’s recommendation of this report. Recommended.

2. Approve the officer’s recommendation for a full committee renewal by initiating an Expression of Interest (EOI) process to recruit independent, external ARIC members, as detailed in the officer’s report. Recommended.

3. Resolve to offer a different rate of remuneration for ARIC members, while acknowledging that offering a lower rate may deter suitably qualified applicants from applying.

Community and Stakeholder Engagement

ARIC is an independent advisory committee composed of members who assist our elected officials in overseeing the Council. In this capacity, ARIC serves as a consultative body with independent members who perform their duties in accordance with the requirements of the LG Act.

ARIC members collectively possess a broad range of skills and experience relevant to its functions. Membership is determined through an externally advertised expression of interest process, and members are appointed by resolution of the governing body as outlined in the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

Engagement undertaken

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

Engagement planned

The existing meeting arrangements will continue with the next ARIC meeting scheduled on 8 December 2025.

Financial and Resource Considerations

To date, the ARIC budget has remained relatively modest, primarily thanks to the commitment and voluntary efforts of the ARIC committee members. However it is recommended to review appropriate remuneration arrangements for ARIC members. To establish fair rates, Council officers previously reviewed rates offered by other Councils and, accordingly, recommend that Council adopt a rate of $1,500 per meeting for the Chair and $1,000 per meeting for ARIC members, plus superannuation and travel expenses, with these rates to be reviewed annually in accordance with Council’s budget process.

Considering these findings, Council officers believe the proposed amounts are reasonable and seek Council approval to adopt these rates prior to commencing the EOI process for appointing new ARIC members.

ARIC Remuneration
Council	Remuneration
Bathurst	Chair	$1,500 per meeting plus travel and accommodation increases linked to Councillor remuneration increase
Bathurst	Members	$1,000 per meeting plus travel and accommodation increases linked to Councillor remuneration increase
Eurobodalla	Chair	$1,500 reimburse travel at 88c for those members living outside area
Eurobodalla	Members	$1,000 reimburse travel at 88c for those members living outside area
City of Sydney	Chair	$5,230 (ex-GST- per quarter)
City of Sydney	Members	$2,092 (ex-GST- per quarter)
Kempsey Shire	Chair	$1,000 per meeting
Kempsey Shire	Members	$700 per meeting
Narrandera Shire	Chair	$1,276.91 (incl GST) travel costs if applicable
Narrandera Shire	Members	$957.36 (incl GST) travel costs if applicable
Port Stephens	Chair	$1,650 total fee
Port Stephens	Members	$1,250 total fee
Queanbeyan-Palerang	Chair	$12,000 per annum (Ex. GST) Super is paid by QPRC
	Deputy Chair	$9,000 per annum (Ex. GST) No Super paid
	Members	$6,600 per annum (Inc GST) No Super paid

Legal /Policy

ARIC complies with the provisions of Part 4A of the LG Act in all its dealings. A key component of ARIC’s mandate is to review the compliance measures taken by Council. Specifically, ARIC aims to determine if appropriate mechanisms are in place for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring that systems for monitoring compliance with relevant laws, regulations, and associated government policies are effective.

Ongoing reporting by ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit for Local Government in NSW. Specifically, ARIC must provide an update to the governing body of Council on its activities and opinions after every committee meeting. A copy of the ARIC quarterly reports is attached to the annual report being presented.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

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

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

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

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

Environment and Climate Change

ARIC include environmental risks within its scope of monitoring Council undertakings as defined by the LG Act.

Economic

In accordance with the ARIC Terms of Reference, ARIC aims to provide input and feedback on the financial statements and performance audit coverage proposed by the external auditor, and feedback on the external audit services provided. This includes reviewing external plans and reports in respect of planned or completed external audits and monitoring Council’s implementation of audit recommendations. Additionally, ARIC considers significant issues arising in relevant reports and better practice guides and seeks to ensure procedures are in place to ensure that Council’s financial statements comply with Australian accounting standards.

Oversight by ARIC helps drive a culture of fiscal prudence and risk awareness within Council which in turn has broader economic impacts within the community.

Risk

The LG Act requires all Councils to appropriately manage its risks by having a structured risk management framework in place to identify any known and emerging risks they face and implement controls to manage these risks.

ARIC seeks to ensure effective risk management by providing governance oversight on Council’s risk management arrangements.

Social / Cultural

ARIC aims to drive a positive and efficient organisational culture by ensuring Council management has taken steps to embed a culture which is committed to achieving efficient and effective operations with ethical and lawful behaviour. By reviewing Council’s governance framework ARIC can examine how well Council is managed, directed and held accountable for achieving its goals in the best interests of the community.

Attachments

1 ⇩. Audit Risk and Improvement Committee (ARIC) Annual Report 2024/25

2 ⇩. Audit Risk and Improvement Committee ARIC Quarterly Report October (September) 2025

Council 12 November 2025

Item 10.9

10.9. Quarterly Budget Review Statement (QBRS) September (Q1 Review)

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

Director Organisational Services

Officer’s Recommendation

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

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

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for this financial quarter. This report provides the FY2026 September (Q1) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 30 September 2025 provides the following projected results:

· Total Income increased by $7.4m. This includes the increase in revotes of $11.7m and a Q1 decrease of $4.3m. The changes for Q1, excluding revotes, include:

- Interest and Investment revenue increased by $0.5m

- Operational grants decreased by $4.3m

- Capital grants decreased by $0.5m

· Expenses increased by $2.0m including increase in revotes of $1.3 and a Q1 increased of $0.7m. The changes for Q1, excluding revotes, include:

- Employee benefits and on-costs decreased by $0.2m

- Materials and services increased by $0.7m

- Other expenses increased by $0.2m

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $10.7m.

· Capital expenditure increased by $17m, including increase in revotes of $29.5m and Q1 decreased by $12.5m, the changes in Q1, excluding revotes, include:

- Open space/recreational assets decreased by $0.5m

- Other infrastructure decreased by $2.4m

- Sewer supply network decreased by $10.5m

· The revised projected cash figure at 30 June 2026 is expected to be $153.5m with external restrictions of $111.8m.

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

Background

The QBRS is presented in the statutory format as per the Quarterly Budget Review Statements guidelines issued in September 2025. It supports effective oversight by including clear, relevant and meaningful information. They provide councillors and the community with a clear picture of how council is performing, facilitating good decisions that enable council to operate efficiently by measuring progress against goals and objectives.

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

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

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

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

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information. The Q1 budget review is a process that informs the development of the budget for the following financial year.

Options

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

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

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

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

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

· Demonstrates transparency and good governance in financial management.

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

Option 2: Consider alternative or additional budget adjustments

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

· delay in implementation of recommended adjustments.

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

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

Operating Result – Changes since adoption of carryover and revotes report.

Council’s consolidated budget, net operating result, has declined by $5.0m since the adoption of the carryover and revotes. The revised September budget is projecting a surplus of $44.5m. The consolidated net operating result before grants and contributions provided for capital purposes has decreased by $4.5m, resulting in a projected deficit of $10.7m.

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

Operational Grants have decreased by $4.3m. Included in the total amount are new grants, previously received grants and new grants transferred to contract liability. The largest impact was the reduction of Financial Assistance Grant with 50% of our allocation paid in advance (June 2025) of $4.9m.

Capital Grants decreased by $0.5m. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses increased by $0.7m.

Employee costs decreased by $0.2m. Materials and services increased by $0.7m, other expenses increased by $0.2m.

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

	Original Budget $000’s	Revotes/ Carry overs $000’s	Q1 Requested Changes $000’s	Projected Year End Result $000’s
General Fund	33,867	10,308	-4,650	39,525
Water Fund	(2,006)	0	(150)	(2,156)
Sewer Fund	7,247	0	(150)	7,097

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

	Original Budget $000’s	Revotes/ Carry overs $000’s	Requested Changes $000’s	Projected Year End Result $000’s
General Fund	(8,663)	(243)	(4,192)	(13,098)
Water Fund	(2,110)	0	(150)	(2,260)
Sewer Fund	4,853	0	(150)	4,703

Capital

Capital expenditure is estimated to decrease by $12.5m in the September QBRS to $120.6m. The largest movements were in Other Infrastructure of $2.4m, Open Space/Recreational of $0.5m and the Sewer supply network of $10.5m due to projects being deferred to next financial year.

Cash and Investments

Council had cash and investments of $160.3m at 30 September 2025. The revised projected cash figure at 30 June 2026 is expected to be $148.5m of which $111.8m is expected to be externally restricted.

Legal /Policy

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

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

Delivery Program

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

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

Environment and Climate Change

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

Economic

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

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

Risk

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

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

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

Social / Cultural

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

Attachments

1 ⇩. 2025.11.12 ATTACHMENT QBRS September 2025 (Q1 Review)

Council 12 November 2025

Item 10.10

10.10. Certificate of Investment October 2025

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

Director Organisational Services

Officer’s Recommendation

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

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

Executive Summary

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

On 31 October 2025 the total capital value of cash and investments was $153,997,533 with 95% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	October-2025 ($’000)
General Fund	54,840
Water Fund	28,937
Sewer Fund	70,221
TOTAL	153,998

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

Background

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

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

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

Table 1: Cash and Investments Listing
Issuer	Rating	Type	Purchase Date	Maturity Date	Interest Rate (%)	Capital Value ($)
Westpac	AA-	TD	29/06/2023	25/11/2025	5.1	2,000,000.00
Suncorp Bank	AA-	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Westpac	AA-	TD	29/02/2024	16/12/2025	4.88	5,000,000.00
Australian Military Bank	BBB+	TD	24/06/2025	19/12/2025	4.41	5,000,000.00
BOQ	A-	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
NAB	AA-	TD	18/12/2024	14/01/2026	4.97	5,000,000.00
NAB	AA-	TD	28/01/2025	28/01/2026	4.9	2,500,000.00
Westpac	AA-	TD	08/02/2024	09/02/2026	4.84	5,000,000.00
ING Bank (Australia) Ltd	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2026	4.89	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.2	2,500,000.00
NAB	AA-	TD	24/06/2025	04/05/2026	4.19	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/05/2026	4.53	5,000,000.00
BOQ	A-	TD	31/01/2024	26/05/2026	4.8	2,000,000.00
Westpac	AA-	TD	25/02/2025	15/06/2026	4.62	5,000,000.00
BOQ	A-	TD	28/05/2024	28/07/2026	5	5,000,000.00
ING Bank (Australia) Ltd	A	TD	26/08/2024	18/08/2026	4.62	3,000,000.00
NAB	AA-	TD	30/06/2025	20/08/2026	4.05	5,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
Westpac	AA-	TD	30/09/2025	30/09/2026	4.17	5,000,000.00
NAB	AA-	TD	30/05/2025	14/10/2026	4.1	4,000,000.00
NAB	AA-	TD	26/11/2024	05/11/2026	4.8	3,000,000.00
BOQ	A-	TD	28/05/2024	26/11/2026	4.95	5,000,000.00
Hume Bank	BBB+	TD	26/08/2024	08/12/2026	4.55	5,000,000.00
Westpac	AA-	TD	30/09/2025	06/01/2027	4.14	4,000,000.00
Suncorp Bank	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
NAB	AA-	TD	25/02/2025	25/02/2027	4.55	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/03/2027	4.5	2,000,000.00
NAB	AA-	TD	26/02/2025	05/04/2027	4.5	5,000,000.00
BOQ	A-	TD	20/03/2025	11/05/2027	4.49	3,000,000.00
BOQ	A-	TD	06/03/2025	11/05/2027	4.55	3,000,000.00
Westpac	AA-	TD	28/02/2025	16/06/2027	4.5	3,000,000.00
BOQ	A-	TD	20/03/2025	08/07/2027	4.49	2,000,000.00
BOQ	A-	TD	06/03/2025	08/07/2027	4.55	2,000,000.00
NAB	AA-	TD	29/08/2025	19/08/2027	3.95	5,000,000.00
BOQ	A-	TD	28/02/2025	13/10/2027	4.5	2,000,000.00
BankVic	BBB+	TD	15/10/2025	15/10/2027	4.2	3,000,000.00
ING Bank (Australia) Ltd	A	TD	24/06/2025	30/08/2028	4.01	2,000,000.00
BankVic	BBB+	TD	25/09/2025	25/09/2028	4.08	2,000,000.00
ING Bank (Australia) Ltd	A	TD	28/02/2025	28/02/2029	4.7	2,000,000.00
ING Bank (Australia) Ltd	A	TD	30/05/2025	13/06/2029	4.24	5,000,000.00
Commonwealth Bank	AA-	CASH	31/10/2025	31/10/2025	3.65	3,000,000.00
Commonwealth Bank	AA-	CASH	31/10/2025	31/10/2025	3.6	4,850,687.55
NSWTC IM SCF	AA-	CASH	31/10/2025	31/10/2025	0	146,845.87
Westpac	AA-	TD	29/06/2023	25/11/2025	5.1	2,000,000.00
Totals						153,997,553

Table 2: Interest from Cash and Investments
Interest earned for October 2025	$566,850
Financial year to date interest earned	$2,328,476
*Revised Budgeted interest for 2025/2026 financial year	$4,620,000
Percentage of the 2025/2026 budget earned by Council	50%

Council’s investment portfolio is largely directed towards term deposits (95%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (5%).

The investments held by Council remain sufficiently liquid with 58% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 382 days.

For the month of October, the investments held by Council provided a return of 4.57% p.a. This annualised performance exceeded the monthly RBA cash rate of 3.97% and the AusBond Bank Bill Index of 4.11%. The below table represents the annualised performance of council’s investment portfolio.

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

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

Table 3: Investments by Fund $’000
Fund	August-2025	September-2025	October-2025
General Fund	62,222	61,308	54,840
Water Fund	29,552	29,155	28,937
Sewer Fund	69,942	69,851	70,221
TOTAL	161,716	160,314	153,998

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

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

The value of outstanding government grant debtors on 31 October 2025 is $958,771 with $27,646 aged 4+ months. Council continues to work with our funding partners to keep these debts minimised.

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

Environment and Climate Change

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

As at 31 October 2025, Council’s investment portfolio included $10 million of green certified investments.

Economic

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

Risk

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

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

At 31 October 2025, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

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

Legend: Compliant Non-compliant

Counterparty Compliance

Long term Compliance

Credit Quality Compliance

Maturity Compliance

Social / Cultural

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

Attachments

Nil

Council 12 November 2025

Item 11.1

11.1. Annual Report 2024-25

Council’s 2024-25 Annual Report is presented for the information of Councillors. The report is required to be lodged with the Office of Local Government by 30 November 2025.

Chief Executive Officer

Officer’s Recommendation

That Council 1. Receive and note the 2024-25 Annual Report, noting that it covers the previous financial year and previously elected Council.

2. Provide a copy of the 2024-25 Annual Report to the NSW Office of Local Government and NSW Ombudsman by 30 November 2025.

3. Publish the 2024-25 Annual Report on Council’s website by 30 November 2025.

Executive Summary

The 2024-25 Annual Report has been prepared to comply with legislative requirements and guidelines and to celebrate achievements against the 2024-25 Operational Plan.

The 2024-25 Annual Report will be published on Council’s website and hard copies will be made available in Council’s libraries. The Annual Report is required to be provided to the Office of Local Government by 30 November each year.

Background

In accordance with Section 428 of the Local Government Act 1993, each year Council is required to produce an Annual Report that provides details of the organisation’s activities and finances over the period of the previous financial year. The NSW Office of Local Government also provides guidelines for the development of the annual report and requires a copy of the report for its records.

The Annual Report is one of the key points of accountability between Council and our community. Under the Integrated Planning and Reporting framework, the Annual Report focuses on Council’s achievements. This Annual Report is the last against the 2022-25 Delivery Program and includes information prescribed by Clause 217 of the Local Government (General) Regulation 2021 and other statutory information.

Attachment 1 to the Annual Report provides an update against all actions contained in the adopted 2024-25 Operational Plan by Community Strategic Plan theme area for the periods 1 July 2024 to 30 December 2024 (adopted at the February 2025 Council meeting) and, 1 January 2025 to 30 June 2025 (adopted at the August 2025 Council meeting).

Options

There are no options for this report. The Annual Report is prepared to meet legislative requirements and presented for noting by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

The provision of the Annual Report is aligned with the “inform” level of engagement under the IAP2 Framework. The community can access the Annual Report as a record of the progress made in 2024-25 towards achieving the Community Strategic Plan 2042. Significant internal staff engagement is sought throughout the process of compiling the Annual Report.

Engagement planned

The Annual Report is one of the key points of accountability between Council and our community. Through the promotion of this report, Council demonstrates achievements and financial transparency.

The 2024-25 Annual Report will be published on Council’s website and hard copies will be available in Council’s libraries following adoption.

Financial and Resource Considerations

There are no financial impacts to the adopted budget through provision of the Annual Report. The Corporate Planning service and associated staff resource includes completion of this project as a core requirement of meeting our legislative responsibilities.

Legal /Policy

Under the Local Government Act 1993 within five months after the end of the financial year, Council must prepare a report as to Council’s achievements in implementing its Delivery Program and Operational Plan for that year.

The Annual Report must contain information required under the Local Government Act 1993 the Local Government (General) Regulation 2021 and other relevant legislation and guidelines including:

· Disability Inclusion Act 2014

· Environmental Planning and Assessment Act 1979

· Government Information (Public Access) Act 2009

· Government Information (Public Access) Regulation 2018

· Public Interest Disclosures Act 1994

· Public Interest Disclosures Regulation 2011

· Carers Recognition Act 2014

· Fisheries Management Act 1994

· Swimming Pools Act 1992

· Swimming Pools Regulation 2018

· Special Rate Variation Guidelines

· Companion Animals Guidelines

· OLG Expenditure Guidelines

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The delivery of the 2024-25 Annual Report supports the Community Strategic Plan (CSP) 2042 outcomes of strong, consultative leadership by seeking to meet the CSP goal of “ensuring we are an informed and engaged community with a transparent, consultative and responsive Council through the development and implementation of good governance systems”.

The Annual Report outlines Council’s achievements in implementing its Delivery Program 2022-25 and the 2024-25 Operational Plan.

Environment and Climate Change

There are no direct environment and climate change impacts with the provision of the Annual Report. Many of the activities and projects delivered within the 2024-25 financial year have contributed towards achieving the actions outlined in the Climate Resilience Strategy that was adopted in 2020.

Economic

There are no direct economic impacts with the provision of the Annual Report as it provides a summary of the progress made over the last financial year. Council is however a significant contributor to the local economy, employing many residents and utilising the services of a range of local providers.

Risk

Council has a legislative obligation to ensure it is financially and operationally transparent and the provision of the Annual Report to the Councillors and community helps to demonstrate Council is delivering upon the commitments it has made to deliver to community within the available funding sources.

Social / Cultural

There are no direct social or cultural impacts with the provision of the Annual Report.

The Annual Report highlights the achievements of Council during the 2024-25 financial year, the majority of Council’s activities and services have an impact on the social and cultural fabric of the Bega Valley community.

Council is consistently working towards achieving the community vision outlined in the Community Strategic Plan.

Attachments

1 ⇩. Annual-Report-2024-25 - FINAL including financial statements

Council 12 November 2025

Item 11.2

11.2. Delivery Plan 2025-2029 - July to September 2025 Quarterly Progress Report

This report provides Council with a status update on the progress of delivering the 2025-2029 Delivery Plan.

Chief Executive Officer

Officer’s Recommendation

That Council:

1. Receive and note the Delivery Plan 2025-2029 Quarterly Progress Report for the period 1 July 2025 – 30 September 2025.

2. Publish the attached progress report on Council’s website.

Executive Summary

Council adopted the Delivery Plan 2025-2029 in June 2025. The attached report provides a progress update on the delivery of key council projects and services in the first quarter of the 2025-26 financial year covering the 1 July- 30 September 2025 period.

Background

Council had previously provided six-monthly progress updates on its annual Operational Plan. Transitioning to quarterly progress reporting, aligned with the Quarterly Budget Review Statements, aims to improve transparency in Councils service delivery.

The structure of the quarterly progress report reflects the structure of the adopted Delivery Plan that focusses on Councils role to either Provide, Collaborate or Advocate. For many years Council had connected planning and reporting to the themes in the Community Strategic Plan. The Delivery Plan 2025-2029 is different.

Council has evolved its planning and reporting processes to focus on the role that Council plays for our community, whether providing services and looking after our assets, collaborating with various stakeholders to drive change, or advocating for our community so that other levels of government understand our unique needs. All our work helps to deliver the outcomes outlined in the Community Strategic Plan.

Options

There are no options presented for this receive and note report.

Community and Stakeholder Engagement

Engagement undertaken

Development and adoption of the Delivery Plan 2025-2029 included community engagement. Reporting at quarterly intervals provides accountability towards achieving the plan.

Extensive internal engagement across all teams was undertaken in developing this progress report.

Engagement planned

The Quarterly Progress reports, once noted by Council, can be found on Council’s website. https://begavalley.nsw.gov.au/council/performance-reporting

Financial and Resource Considerations

This report should be read in conjunction with the Quarterly Budget Review Statement (QBRS) September (Q1 Review) Report.

There are no direct costs in compilation and presentation of this quarterly report. Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993 is delivered as an operational function within Executive Services.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires councils to report regularly on the status of delivering their adopted Delivery Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Delivery Plan 2025-2029 was developed to align with the adopted Community Strategic Plan 2042 and Resourcing Strategy 2025-29 including the Long-Term Financial Plan. Progress reporting is a business-as-usual activity within the Engagement and Corporate Strategy service area.

Environment and Climate Change

There are no direct environment or climate change implications associated with this report.

Economic

Council and its expenditure have a significant economic impact in the Bega Valley. The preparation and publishing of our progress towards the implementation of the Delivery Plan provides a line of sight between funding and delivery, informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Delivery Plan quarterly progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. The capital expenditure is lower than projected with teams providing ongoing updates to the capital program at each QBRS to reflect the reality of project delivery where numerous constraints and opportunities are managed with project scope, delivery timeline and budgets amended.

Operational risks that have the potential to impact delivery of Delivery Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this progress update does not have any negative social or cultural impacts.

Attachments

1 ⇩. Delivery Plan 2025-2029 - July-Sept 2025 Quarterly Progress Report

Council 12 November 2025

Item 16.1

16.1. Cr O'Neil - Coastal Council Association Conference

At the ordinary council meeting of 17 September 2025 Cr O’Neil advised Coastal Council Association met recently in Queensland to discuss the continuing cost and impact of increased storms and coastal inundation. The conference was followed by the recent assessment of national climate change impacts in Australia including our coastal areas.

I understand some NSW Coastal Councils attended, but not from this Shire, and that there are moves in this state to increase coordination of efforts to understand threats to our Coasts in light of climate change and the increasing costs of mitigating risks, as we are experiencing in our roads and bridges and coastal assets including sports facilities and cemeteries. Our coastal management plans are part of this and I am sure we have other work going on this.

Would you outline the Council’s work to identify threats and potential costs and coordination with the other Councils along the NSW seaside?

Director Community, Environment and Planning, Mrs Emily Harrison took the question on notice.

Director Community Environment and Planning

Staff response

Background

Bega Valley Shire Council has been considering the impact of projected sea level rise on the range of coastal hazards that our coastline is exposed to since our original Climate Change Adaptation - Implications for Local Government Adaptation for Local Government report in 2007. Having the longest coastline of any Local Government Area in NSW, and with over 400km of estuarine foreshore, our shire and communities have varying levels of exposure to coastal hazards such as tidal inundation, coastal erosion and long-term recession, coastal inundation and wave overtopping.

Five of the shire’s six major settlements occur in the coastal zone and 50% of the shire’s population lives within 1.5km of the coast. Forty-five percent (45%) of the shire’s population lives adjacent to only 10% of our coastline, focusing pressures and potential climate enhanced coastal hazard impacts on a limited number of locations and associated infrastructure. This concentrated geographic distribution of our settlements allows Council to focus ongoing investigations, risk assessments and response strategies on specific areas rather than the broader coastline.

Council’s investment in 2008 to LiDAR surveying (airborne laser survey) of the shire’s coastal zone provided invaluable contour data that has helped inform strategic planning and development assessments, and enabled discrete placement of assets and infrastructure. This project was ahead of its time and this data is now produced by the NSW Government on a routine basis and is accessible to Council for land use and infrastructure planning.

In 2009, Bega Valley Shire was one of the first Council’s to adopt the former NSW Government’s ‘Sea Level Rise Benchmarks’. These benchmarks have underpinned all of Council’s contemporary land use and infrastructure planning. The Bega Valley Comprehensive Local Environmental Plan (BVLEP 2013) had a strong focus on incorporating the consideration of coastal hazards and the impact of sea level rise. This resulted in implementation of specific buffers (through appropriate zoning) along undeveloped areas of the shire and coastal hazard overlays for already developed foreshore areas such as Merimbula Lake, Lake Curalo and Bermagui.

In 2015, Council adopted a Coastal Processes and Hazards Definition Study that identified current and projected coastal hazards along the majority of the shire’s coastline and within key estuaries. The study identified only a small number of private properties along the open coast that fell within mapped hazard zones for coastal erosion and shoreline recession. The majority of the land currently mapped within these hazard lines is high value public open space, beaches, recreation facilities and caravan parks. This study, in combination with more contemporary Flood Studies, have confirmed staff’s existing understanding of key infrastructure at risk from coastal hazards, including coastal recreational infrastructure, water and sewer networks, roads and other key community infrastructure such as cemeteries, surf lifesaving clubs and boating facilities.

The impacts of tidal inundation over different sea level rise scenarios were examined in the NSW Governments ‘NSW Estuary Tidal Inundation Exposure Assessment (2018)’. The results of this study confirmed Council’s focus on the key developed estuaries including Merimbula Lake, Lake Curalo, Bermagui River and Wallaga Lake.

Council has also previously prepared Coastal Hazard assessments for Horseshoe Bay, Tathra Beach and Pambula Beach to support the redevelopment of surf clubs and caravan parks. A large volume of valuable information has also been derived from the numerous studies focused on Eden’s Snug Cove and Cattle Bay marine infrastructure.

The Merimbula and Back Lakes Flood Study, Eden, Towamba River and Twofold Bay Flood Study and Pambula River, Pambula Lake and Yowaka River Flood Study all consider the impact of sea level rise on tidal planes and flood behaviour.

Contemporary Coastal Management Program

As highlighted in the response to Cr Haggar's Question with Notice of 20 August 2025 “the challenge for staff, Councillors and government is catering for potential non-linear climate change impacts when making decisions that require certainty regarding building locations, heights, private and public investment decisions, policy development etc. The key tool is where possible to avoid natural hazards that will be exacerbated by climate change, regardless of the timing or uncertainty of the change”.

Consideration of climate exacerbated coastal hazards is a key part of the development, upgrading or replacement of major infrastructure in our coastal communities. Asset life is a key consideration regarding timing of any potential asset upgrading, relocation, protection or abandonment. Due to the historic nature of many of our settlements and associated infrastructure, relocating and retrofitting to protect against coastal hazards such as tidal inundation and open coast erosion will be difficult, expensive and will have technical difficulties due to the nature of gravity sewer systems, for example.

Council is currently developing four Coastal Management Programs (CMPs). Lake Curalo CMP is now certified and in effect. Bermagui River and Wallaga Lake CMPs have both been submitted for certification and Merimbula Lake CMP is under final review at the time of writing this response. All these programs examine coastal hazard issues and provide a number of management responses to these issues.

By way of example, the Lake Curalo CMP contains the following actions to address coastal hazard risks, with similar site-specific actions identified in all CMPs:

· R6.1 Adaptation planning for low lying assets around the lake foreshore

· R6.4 Complete coastal hazard risk planning for holiday/caravan parks

· R6.5 Adaptation planning for coastal erosion along Aslings Beach

· R6.7 Dune rehabilitation program on Aslings Beach

The down scaling of the existing regional coastal hazard data to more discrete data for key locations such as Tathra Beach, Cuttagee Beach, Merimbula Main Beach and Aslings Beach Eden are key strategic projects that Council staff will be seeking external funding to progress. These projects are important for the more accurate understanding of coastal hazards and the impact that small coastal creeks, stormwater outlets and lake entrances have on beach erosion and long-term coastal recession.

By way of engagement, staff have regular discussions with coastal management professionals from other local government areas, state government agencies, specialist consultants and academic researchers through various forums and committees. The South East Councils quarterly round table meetings provide a forum for coastal management practitioners in the regional Coast and Estuaries Team from the Department of Climate Change, Energy, the Environment and Water (DCCEEW) to regularly connect with Council staff working on Coastal Management Programs (CMPs). The purpose of these meetings is to share information, achievements and challenges on coastal management and in developing CMPs on the South Coast.

Council’s Coast and Flood Management Committee also provides valuable opportunities for local projects to be shared and issues identified by agencies, community representatives and Councillors.

Staff continue to stay abreast of contemporary research, science and legislative requirements with regard to coastal hazard assessment and management. The National Climate Risk Assessment recently released by the Australian Government reinforces Council’s long-term focus on coastal hazard management and the consideration of this issue within strategic land use, infrastructure and environmental planning. Council’s conservative approach to development within coastal hazard areas to minimise risk and costs to private property owners and the risk/asset life approach to asset management has been demonstrated to be in accordance with best practice with regard to the consideration of the projected impacts of climate change on coastal hazards.

Attachments

Nil

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	12 November 2025
*Item 8.2 - Attachment 1*	Access and Inclusion Advisory Committee Meeting minutes 11 February 2025

Council	12 November 2025
*Item 8.2 - Attachment 2*	Access and Inclusion Advisory Committee meeting minutes 13 May 2025

Council	12 November 2025
*Item 8.2 - Attachment 3*	Central Waste Facility Consultative Committee minutes 5 August 2025

Council	12 November 2025
*Item 9.1 - Attachment 1*	Cuttagee Bridge Concept Design Options Analysis

Council	12 November 2025
*Item 9.1 - Attachment 2*	Appendix A - 25223-CDR-RPT-00003

Council	12 November 2025
*Item 9.1 - Attachment 3*	Appendix B - 12643006-MEM-Cuttagee Bridge Traffic Study

Council	12 November 2025
*Item 9.1 - Attachment 4*	Appendix C - 2516-1g 12092025 Cuttagee Bridge Replacement - Cost Plan No.1 Rev G

Council	12 November 2025
*Item 9.1 - Attachment 5*	Appendix D - 12643006 - Cuttagee Bridge renewal - Community Engagement Outcomes report_V3

Council	12 November 2025
*Item 9.1 - Attachment 6*	Cuttagee Maintenance Comparison

Council	12 November 2025
*Item 9.1 - Attachment 7*	Executed and signed Grant Funding Agreement dated December 2023

Council	12 November 2025
*Item 9.1 - Attachment 8*	Letter from Minister Aitchison - Cuttagee Bridge

Council	12 November 2025
*Item 9.2 - Attachment 1*	Christmas on Imlay 2025 Application

Council	12 November 2025
*Item 10.3 - Attachment 1*	Bega Valley Shire Council Annual Financial Statements 2024-25

Council	12 November 2025
*Item 10.6 - Attachment 1*	Council report dated 20 March 2024 - Surf Life Saving Clubs

Council	12 November 2025
*Item 10.8 - Attachment 1*	Audit Risk and Improvement Committee (ARIC) Annual Report 2024/25

Council	12 November 2025
*Item 10.8 - Attachment 2*	Audit Risk and Improvement Committee ARIC Quarterly Report October (September) 2025

Council	12 November 2025
*Item 10.9 - Attachment 1*	2025.11.12 ATTACHMENT QBRS September 2025 (Q1 Review)

Council	12 November 2025
*Item 11.1 - Attachment 1*	Annual-Report-2024-25 - FINAL including financial statements

Council	12 November 2025
*Item 11.2 - Attachment 1*	Delivery Plan 2025-2029 - July-Sept 2025 Quarterly Progress Report