DRAFT Ordinary Meeting Minutes
Held on Wednesday 22 April 2026
at Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre, Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen - Apology Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceActing Chief Executive Officer, Mrs Emily Harrison Director, Infrastructure, Mr Andrew Latta Acting Director, Community, Environment and Planning, Ms Cecily Hancock Acting Director, Organisational Services, Mrs Gemma Stewart Manager Engagement and Corporate Strategy, Mrs Kaliegh Smerdon Executive Officer (Minute Secretary), Mrs Jackie Grant |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
Acknowledgement of Traditional Custodians of Bega Valley Shire
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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38/26 |
RESOLVED on the motion of Crs Nadin and Haggar That the apologies of Cr Tony Allen, Chief Executive Officer, Anthony McMahon and Director, Organisational Services, Mrs Iliada Bolton be noted. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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2. |
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39/26 |
RESOLVED on the motion of Crs Daly and Noble That the Minutes of the Ordinary Meeting held on 25 March 2026 as circulated, be taken as read and confirmed. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
3. Declarations
Pecuniary Interest
There were no pecuniary interests.
Non Pecuniary Interest
Acting Chief Executive Officer, Emily Harrison declared a non-pecuniary and less than significant conflict of interest for item 8.1 2021.360 Extractive Industry (gravel quarry), 1399 Sapphire Coast Drive, Wallagoot. Mrs Harrison advised she lives within the notification area for this development. A signed declaration form was tabled by Mrs Harrison, she will remain in the chamber.
4. Public Forum
The following deputations were heard:
Item 8.1 – 2021.360 Extractive Industry (gravel quarry), 1399 Sapphire Coast Drive, Wallagoot.
· Mr Johan Ras - AGAINST
· Mr Johan Ras on behalf of Stop Bournda Group Inc - AGAINST
· Ms Skye Etherington - AGAINST
· Mr David O’Connor - FOR
Item 10.4 - Waiver of water connection charge - Bega Town Band Building (Canning St, Bega)
· Ms Melinda Steel on behalf of Bega District Band - FOR
5. Petitions
Cr Porter tabled a petition he received from Stop Bournda Quarry Inc asking for BVSC Councillors to reject DA 2021.360 to open a quarry and a rock processing industry at 1399 Sapphire Coast Drive, Bournda, Bournda Downs. The petition contains over 800 signatures.
Mrs Harrison advised in accordance with the Code Of Meeting Practice staff will provide a further report back to Council on the petition.
6. Mayoral Minutes
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6.1 |
Opposition to Crown Land Management Amendment (Statutory Review) Bill 2026 |
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40/26 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin That Council: 1. Notes the introduction of the Crown Land Management Amendment (Statutory Review) Bill 2026, which proposes significant amendments to the Crown Land Management Act 2016 arising from the statutory review. 2. Notes with serious concern that the Bill: · Enables the transfer of financial risk and legal liability from the State Government to local councils. · Provides for the retrospective transfer of native title compensation liabilities and civil liabilities. · Expands Ministerial powers to direct councils and impose obligations without adequate consultation. · Introduces additional reporting, compliance and administrative requirements. · Has been developed with an absence of genuine consultation with local government, despite direct and significant impacts. 3. Recognises that the Bill enables: · The automatic transfer of assets, rights and liabilities associated with Crown land management to councils in certain circumstances. · Increased Ministerial direction and intervention powers, including performance directions and compliance requirements. · Expanded regulatory controls via rules and regulations determined by the Minister, with limited local input. 4. Considers that the Bill represents a significant cost shifting exercise, whereby: · Local government is required to assume State responsibilities without commensurate funding. · Councils and ratepayers are exposed to unquantified, ongoing and potentially retrospective liabilities. · Councils may be held accountable for historic decisions made under State frameworks, direction or control. 5. Calls on the NSW Government to: · Withdraw the Bill pending proper consultation. · Undertake genuine, good-faith consultation with local government, including regional and rural councils. · Ensure any future amendments: o Do not transfer financial or legal liability to councils without full funding and indemnity. o Provide certainty regarding native title and compensation exposure. o Include clear limits on Ministerial powers affecting council operations. 6. Requests that: · This Notice of Motion be forwarded to: o The NSW Premier o The Minister for Lands and Property o The Local Member for Bega o Local Government NSW (LGNSW) o The Country Mayors Association of NSW o The Leader of the NSW Opposition and the Shadow Minister for Crown Lands o LGNSW and CMA advocate strongly for the withdrawal and revision of the Bill. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
7. Urgent Business
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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8.1 |
Extractive Industry (gravel quarry), 1399 Sapphire Coast Drive, Wallagoot |
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Acting Chief Executive Officer, Emily Harrison declared a non-pecuniary and less than significant conflict of interest for item 8.1 2021.360 Extractive Industry (gravel quarry), 1399 Sapphire Coast Drive, Wallagoot. Mrs Harrison advised she lives within the notification area for this development. A signed declaration form was tabled by Mrs Harrison, she will remain in the chamber. Due to the declared non-pecuniary and less than significant conflict of interest Acting Chief Executive Officer, Mrs Emily Harrison stepped down for this item with Director Infrastructure, Mr Andrew Latta assuming the Acting Chief Executive Officer role. |
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41/26 |
RESOLVED on the motion of Crs Nadin and Porter That determination of Development Application 2021.360 for an Extractive Industry (quarry) at 1399 Sapphire Coast Drive Wallagoot be deferred to allow staff to prepare a supplementary report addressing those relevant additional matters raised at the public forum of 22 April 2026. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
Acting Chief Executive Officer, Mrs Emily Harrison reassumed the role.
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8.2 |
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42/26 |
RESOLVED on the motion of Crs O'Neil and Nadin That Council: 1. Acknowledges the work of the Affordable Housing Implementation Group since it was established in September 2022 2. Reshapes the group into an affordable housing stakeholder forum that convenes twice per year, with membership as described in this report, and convened by the Director of Community, Environment and Planning. 3. Notes the adoption of new KPIs linked to targets in the Affordable Housing Strategy which allow the community to track progress and setbacks through regular reports to Council. 4. Thanks the community and advocate members of the Implementation Group for their contribution to understanding and working through the challenges of increasing housing supply in a regional coastal Shire. 5. Tracks supply of crisis and transitional housing in the shire, including through regular consultation with providers to track homelessness. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
9. Staff Reports – Infrastructure
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9.1 |
Merimbula CBD Upgrade project- community consultation on proposed traffic, parking and public space changes |
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A motion was moved by Crs Nadin and Haggar 1. That Council place the Merimbula CBD Upgrade project proposed traffic, parking and public space changes (Attachment 1) on public exhibition for 28 days from 23 April to 21 May.
2. That a simplified map for a second option is placed on exhibition that includes the following: · One-way only on Market Street between Merimbula Drive and Market Street intersection and Beach Street and Market St intersection. · Intersection at Monaro St and Market Street (traffic lights) remain unchanged permitting northbound travel on Market Street to Beach Street. · Intersection of Merimbula Drive and Market Street with no roundabout and keeping all the existing car park spaces · Removing pedestrian crossing next to Aldi and move it to where the pedestrian island is in front of Woolworths · 45 degree car parking along western side of Market street where the current northbound bus stop is · 45 degree parking instead of 90 degree parking along lakeside of Beach Street · Retain all parallel parking on Northern side of Beach Street · Reduce the shared pedestrian zone to just the area from the playground to Twyford Hall 3. That Council note that detailed traffic drawings, a safety assessment and traffic engineer advice on the second option has not been obtained. 4. As part of option 2, funding for the stage at Hylands Corner not proceed. 5. That community information sessions and broad promotion is undertaken to ensure Merimbula residents; businesses and the broader Bega Valley community are aware of the proposed changes and understand how to provide feedback. 6. That a report summarising the community consultation outcomes be reported to the 15 July 2026 Council meeting for consideration prior to any changes being implemented. The motion was put to the vote and it was tied. In favour: Crs Haggar, Nadin, Noble and Porter Against: Crs Daly, Fitzpatrick, Mudaliar and O'Neil Absent: Cr Allen
The Mayor used his casting vote and the motion was LOST A motion was moved by Crs Fitzpatrick and Mudaliar 1. That Council place the Merimbula CBD Upgrade project proposed traffic, parking and public space changes (Attachment 1) on public exhibition for 28 days from 23 April to 21 May. 2. That community information sessions and broad promotion is undertaken to ensure Merimbula residents; businesses and the broader Bega Valley community are aware of the proposed changes and understand how to provide feedback. 3. That a report summarising the community consultation outcomes be reported to the 15 July 2026 Council meeting for consideration prior to any changes being implemented. An amendment was proposed by Cr O’Neil 1. That Council place the Merimbula CBD Upgrade project proposed traffic, parking and public space changes (Attachment 1) on public exhibition for 28 days from 23 April to 21 May. 2. That community information sessions and broad promotion is undertaken to ensure Merimbula residents; businesses and the broader Bega Valley community are aware of the proposed changes and understand how to provide feedback and alternatives. 3. That a report summarising the community consultation outcomes be reported to the 15 July 2026 Council meeting for consideration prior to any changes being implemented. The amendment to the motion was accepted by Crs Fitzpatrick and Mudaliar The motion was put to the vote and it was CARRIED. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against: Crs Nadin, Noble and Porter Absent: Cr Allen
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43/26 |
RESOLVED on the motion of Crs Fitzpatrick and Mudaliar 1. That Council place the Merimbula CBD Upgrade project proposed traffic, parking and public space changes (Attachment 1) on public exhibition for 28 days from 23 April to 21 May. 2. That community information sessions and broad promotion is undertaken to ensure Merimbula residents; businesses and the broader Bega Valley community are aware of the proposed changes and understand how to provide feedback and alternatives. 3. That a report summarising the community consultation outcomes be reported to the 15 July 2026 Council meeting for consideration prior to any changes being implemented. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against: Crs Nadin, Noble and Porter Absent: Cr Allen |
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9.2 |
Wolumla Floodplain Risk Management Study and Plan final findings |
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44/26 |
RESOLVED on the motion of Crs Noble and Nadin 1. That Council endorse the final findings and recommendations of the Wolumla Floodplain Risk Management Study and Plan and the corresponding Map Compendium (all dated 3 March 2026) as the best available flood information and measures for use in managing the flood risk within the identified catchment area 2. That a copy of the final endorsed Wolumla Floodplain Risk Management Study and Plan and the corresponding Map Compendium be published on Council’s website, provided to Council’s Local Emergency Management Committee and the State Emergency Service for their information. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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9.3 |
Request for Tender (RFT) 2526-047 Supply & Install Guardrail - Multi Year Programme |
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45/26 |
RESOLVED on the motion of Crs Mudaliar and Noble That Council accepts the recommendation as outlined in the attached confidential memorandum. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen
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46/26 |
RESOLVED on the motion of Crs Daly and Haggar 2. That authority be delegated to the Chief Executive Officer to execute all necessary documentation, approve contract variations up to the available allocated budget and authorise the extension of the contract for the further term/s in accordance with the contract. 3. That all tenderers be advised of Council’s decision. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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9.4 |
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47/26 |
RESOLVED on the motion of Crs Nadin and Daly 1. That Council endorse the attached draft Playspace Improvement Plan. 2. That Council note that the future works program is subject to annual review through the Delivery Program and the long-term financial plan, that its implementation is dependent on a combination of Council funding and external grants. 3. That it is noted that further community engagement will occur for all proposed playspace projects prior to commencement. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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9.5 |
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This item of business was withdrawn.
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10. Staff Reports – Organisational Services
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10.1 |
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48/26 |
RESOLVED on the motion of Crs Fitzpatrick and Daly 1. That Council note its preference is to reach a mutually agreeable outcome between Council and the Pony Club, with land acquisition considered as a last resort if agreement cannot be reached by September 2026. 2. That Council acquire the required interest in land within Lot 1 DP 601304, Bega, for the purpose of constructing, operating and maintaining water supply bore infrastructure associated with the Bega Bore Field. 3. The Chief Executive Officer and the Mayor be delegated authority to negotiate the acquisition of interest in land within Lot 1 DP 601304, Bega, by agreement with the landowner on terms consistent with the Land Acquisition (Just Terms Compensation) Act 1991 and report back to Council prior to compulsory acquisition progressing. 4. If the acquisition of easements cannot be completed by agreement within a reasonable timeframe, Council acquire the required interest in land within Lot 1 DP 601304, by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991, pursuant to sections 186 and 187 of the Local Government Act 1993, and do all things supplemental or incidental to, or consequential for, that purpose. 5. Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of interest in land within Lot 1 DP 601304, and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents 6. Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of interest in land within Lot 1 DP 601304, not requiring the affixing of the Seal of Council. 7. That Councillors undertake a site visit prior to an agreement being reached. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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10.2 |
Quarterly Budget Review Statement (QBRS) March 2026 (Q3 Review) |
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49/26 |
RESOLVED on the motion of Crs O'Neil and Nadin 1. That Council receive and note the March 2026 (Q3) Quarterly Budget Review Statement (QBRS). 2. That the budget recommendations detailed in the attachment to this report be adopted. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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10.3 |
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50/26 |
RESOLVED on the motion of Crs Nadin and Noble 1. That Council receive and note the report on Council’s investment position at 31 March 2026. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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10.4 |
Waiver of water connection charge - Bega Town Band Building (Canning St, Bega) |
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A motion was moved by Crs Porter and Nadin 1. That Council note the annually adopted Revenue Policy provides discounted water and sewer access charges for non‑residential, non‑rateable community organisations, rather than a full exemption from access charges, and that this category‑based framework was adopted to support equity, consistency and financial sustainability across Council’s water and sewer funds. The motion was put to the vote and it was LOST. In favour: Crs Nadin, Noble and Porter Against: Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Absent: Cr Allen
A motion was moved by Crs Fitzpatrick and Haggar 1. That Council note the annually adopted Revenue Policy provides discounted water and sewer access charges for non‑residential, non‑rateable community organisations, rather than a full exemption from access charges, and that this category‑based framework was adopted to support equity, consistency and financial sustainability across Council’s water and sewer funds. 2. That Council take no additional steps beyond the existing charging framework and communications provided to the Band and encourage the band to introduce a fee-for-service to generate income to support their operations. 3. That Council enter into a Memorandum of Understanding with the Bega District Band that supports this position and present a report back to Council. The motion was put to the vote and it was CARRIED. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against: Crs Nadin, Noble and Porter Absent: Cr Allen
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51/26 |
RESOLVED on the motion of Crs Fitzpatrick and Haggar 1. That Council note the annually adopted Revenue Policy provides discounted water and sewer access charges for non‑residential, non‑rateable community organisations, rather than a full exemption from access charges, and that this category‑based framework was adopted to support equity, consistency and financial sustainability across Council’s water and sewer funds. 2. That Council take no additional steps beyond the existing charging framework and communications provided to the Band and encourage the band to introduce a fee-for-service to generate income to support their operations. 3. That Council enter into a Memorandum of Understanding with the Bega District Band that supports this position and present a report back to Council. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against: Crs Nadin, Noble and Porter Absent: Cr Allen |
11. Staff Reports - Executive Services
There were no Executive Services reports
12. Councillor Reports
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12.1 |
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Cr Daly’s Councillor report was provided in the Ordinary Council Meeting Agenda of 22 April 2026 as follows: Since mid-last year, Council's Halls Committee has been discussing the idea of using the Shire's network of community halls to provide an opportunity to hear from the community, provide updates on local and shire wide issues and, importantly, collect written requests for feedback from the community to be entered into Council's Customer Request Management database for action and follow up.The Community Connect series forms an important part of Council's Community Engagement Strategy's core aim, to strengthen local community networks and rebuild an engaged, positive, trusting and respectful relationship with the community. In total about 40 people attended the event, which was conducted as an informal discussion. Topics of discussion included local roads and bridges (including Cuttagee Bridge, Doctor George Mountain Road, Wapengo Causeway); Council's financial position; solar and battery systems for the Hall, support with grant applications and more. Eleven CRM submissions were also made by community members, covering a diverse range of topics including public EV charging, advocacy for improved mobile reception, assistance with rabbit control, waste collection, and affordable housing. Providing a face-to-face opportunity to discuss critical local issues and allow an opportunity for the community to provide written requests provides a critical opportunity to better meet and understand community needs. The approach also allows for community members that may find it difficult to connect with council staff and Councillors online, over the phone or in Zingel Place a chance to be heard, have their say, get answers and information of issues important to them. I'd like to thank the CEO, staff and Councillors for their attendance at Tanja and encourage all Councillors to attend future meetings. Council will hold the next Community Connect session at Murrah Hall on Tuesday 5 May, followed up by Candelo and Nethercote in June and July respectively. |
13. Rescission/Alteration Motions
There were no rescission/alteration motions.
14. Notices of Motion
There were no notices of motions.
15. Questions with Notice
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15.1 |
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A response to Cr Porter’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 22 April 2026 with the response as follows: At the ordinary Council meeting on 19 March 2025 Council resolved: 1. That staff report back to Council on options for grant funded improvements to the electronic signage, crossing underpass, or any other way to improve the safety of motorists at the cattle crossings across the Bega Valley. 2. That Council advocate to the Federal and State Government for a funding program to address road safety at cattle crossings in Regional NSW. At the ordinary Councill meeting on 16 April 2025 staff prepared a report in response to the above resolution. At the time of this report there were no specific grant funding opportunities available targeting cattle crossings. Further, previous grant opportunities have only been made available to primary producers, often requiring a significant co-contribution. Grant funding opportunities have not been available to Councils. Following this report, Council resolved: That Council advocate to State and Federal Governments to fully fund a cattle crossing improvement program to improve road user safety without negatively impacting the important agricultural sector. There are still no state or federal grants available to date, and Council continues to advocate when meeting with the relevant agencies. In relation to Council undertaking preparatory work during the upcoming road resurfacing along Jellat Flats, there are currently reliable and sustainable signage options available that integrate radio-operated flashing amber beacons with solar panels and rechargeable batteries, therefore eliminating the need for any underground cabling or excavation of the road surface. Cr Porter asked if lights were to be battery and solar operated, whether that would meet objectives as far as maintenance of batteries compared to the electricity it would have if it was connected to the mains network, and how does that stack up in Council’s maintenance schedule? Acting Chief Executive Officer, Mrs Emily Harrison advised that responsibility for implementing signage or obtaining grant funding to put a treatment in place rests with the landowner. Council will look for grant funding and advocate, in accordance with the previous Council resolution, but there is still a responsibility on the landowner to do that. In terms of the solar or rechargeable battery option, there are viable options out there. Director Infrastructure, Andrew Latta added our experience with battery and solar infrastructure is that it is the landowner that is responsible for the installation and management, Council would provide approvals. Our experience is they are doing both, using the flashing lights but also using manual signage as well, they still need to check whether the flashing lights are working so it’s not just that everything is remote controlled; they still need to make sure the flashing lights are in operation and if there were a real problem with the battery then they would get that rectified. Installing solar is the cheapest option rather than running cables to a piece of infrastructure. |
16. Questions without Notice
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16.1 |
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A response to Cr Fitzpatrick’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 22 April 2026 with the response as follows: · Woolworths was planned and commissioned with a total of 283 carparks consisting of 152 for the supermarket, 127 to meet the restriction on title for the provision of parking for the Merimbula RSL Development and 4 spaces to meet the loss of on-street parking. · Aldi was planned and commissioned with a total of 90 carparks consisting of 68 for the supermarket, 18 to satisfy the restriction as to user denoted on Lot 949 and 4 spaces to meet loss of on street parking in Main Street. · Greens Market Street development, 29-33 Market Street (DA 2022.62) will provide 116 onsite spaces (49 of which are more than the minimum parking requirements for this type of development). · 21 Beach Street (DA 2020.164) will provide 14 spaces to service the development and VPA to pay Council for 2 additional public spaces. · 25 Beach Street (DA2021.1400) will provide 19 spaces onsite to service the development. · A smart parking trial was conducted in Palmer Lane car park Merimbula from 17 December 2018 to 14 April 2019. The results revealed that even during peak times the car park was never fully utilised. |
17. Confidential Business
There was no confidential business.
18. Noting of Resolutions from Closed Session
There were no noting of resolutions from closed session.
19. Declassification of reports considered previously in closed session
There were no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:37pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 April 2026.