Agenda of Council - Wednesday, 25 March 2026

Council 25 March 2026

Item 6.1

6.1. Office of Local Government Joint Organisation Review

Cr Russell Fitzpatrick

Recommendation

1. That Council write to the Office of Local Government outlining its support for retention of the Canberra Region Joint Organisation (Attachment 1).

2. That Council advocate to the NSW Government to provide ongoing financial support to functional Joint Organisations who are providing benefits to its members and their communities.

Background

The Office of Local Government have been directed to undertake a review of Joint Organisations across the State. This report recommends Council continue its support and membership of the Canberra Region Joint Organisation.

The Minister for Local Government, The Hon. Ron Hoenig MP wrote to the me and the Chief Executive Officer (CEO) on 9 February 2026 regarding a refresh of the framework that governs Joint Organisation (JOs) in NSW (Attachment 2). The Minister is seeking advice and intention on whether Council wants to continue being a member of the CRJO, withdraw from it or create a new JO.

For context I am the Chair of the CRJO Board and the CEO is the Chair of the General Managers group. At the most recent CRJO board meeting on 6 March the future of CRJO was discussed with general support for continuation noting that at the time many Councils had not yet considered their position.

I am recommending that Council continue its support and membership of the CRJO and advocate to the NSW Government to establish ongoing financial support for functional Joint Organisations. Responses by Councils and JOs are due to the OLG by 31 March 2026.

More details on the review can be found here. https://olg.nsw.gov.au/council-portal/review-of-joint-organisations-framework/

Canberra Region Joint Organisation

Council is a current member of the Canberra Region Joint Organisation (CRJO). https://www.crjo.nsw.gov.au/Home

The Canberra Region Joint Organisation is a local government entity with legal powers to enable member councils to work together at a regional level and with state agencies and other organisations to achieve better planning, economic and service delivery outcomes within the South East region. The CRJO collaborate with all levels of government, industry and community to work together to provide a vibrant regional vision and deliver important key outcomes on behalf of its member Councils. It is a functional and well supported Joint Organisation.

The member Councils of the CRJO are Bega Valley Shire Council, Eurobodalla Shire Council, Goulburn Mulwaree Council, Hilltops Council, Queanbeyan-Palerang Regional Council, Snowy Monaro Regional Council, Snowy Valleys Council, Upper Lachlan Shire Council, Wagga Wagga City Council, Wingecarribee Shire Council and Yass Valley Council.

The CRJO has delivered a range of projects and initiatives across the region, fully funded by other levels of government including the Joint Organisation Net Zero Accelerator, Regional Waste and Resource Recovery Program, Resilience Blueprint, Disaster Risk Reduction, Regional Drought Resilience Program, Trade Skills Program, Women in Planning and the Regional Community Strategic Plan to name just a few.

At this time, council is also benefitting from the following regional projects, delivered at no cost to Bega Valley Shire Council:

· Preparation of a business case for CRJO member councils jointly accessing the ACT’s new materials recovery facility due to open in 2028, or other options for accepting recyclables, comparing costs of councils’ current arrangement of sending recyclables to Sydney under a sole council contract

· trial of an electric vehicle for potential use within council’s light vehicle fleet

· installation of power pole-mounted electric vehicle charging infrastructure on local roads

· Household Chemical Cleanout events, paying 50% of disposal costs of problem waste collected at these events

· public promotion of council’s community recycling centres and other community awareness to reduce waste to councils’ landfills

· schools waste education program

· business waste-reduction program offering free assessments of businesses and health services waste production and reduction recommendations

· diversion of excess food from waste streams through partnerships with charities

· development of regional and local disaster waste plans in preparation for clean up activities associated with future natural disasters

· provision of education and qualifications for council officers such as delivery of Certificate 3 and 4 in Waste Management

Current advocacy by CRJO on behalf of councils includes:

· NSW Parliament House and Australian Parliament House CRJO-facilitated meetings, allowing easy access by mayors to state and federal ministers and shadow ministers, members of parliament and senators, NSW Premier and Leader of the Opposition

· joint advocacy with respect to establishing mandatory payments to councils by developers of state significant infrastructure over the operating life of their projects

· exploration of joint procurement opportunities across CRJO member councils with respect to council’s waste contracts

· regional submissions to parliamentary and productivity commission inquiries such as local government financial sustainability and local water utilities funding models

· regional submissions to draft regional plans such as regional strategic integrated transport plan

· joint advocacy for best-practice waste management investment by state government beyond waste-to-energy solution in regional NSW currently proposed

· access to the statewide network of joint organisations for knowledge sharing and stronger advocacy to state government

· trusted, compliant, audited organisation to attract funding and support from other levels of government for regional projects and advocacy

Other CRJO membership benefits include:

· access to id.profile regional demographic data at reduced subscription cost

· access to Regional Australia Institute member events, data and research at no cost to council

· procurement and maintenance of panel of suppliers for Code of Conduct investigations

· representation of local government into NSW government regional leadership executive meetings, attended by regional heads of all state agencies and deputy secretaries involved in coordination across levels of government

· regular and maintained engagement with ACT Government and Canberra Airport as associate and affiliate members of CRJO

· strong relationship at leadership level, inter-council information sharing and support with surrounding NSW councils

· multiple joint technical working groups in place across CRJO member councils such as infrastructure directors, waste managers, human resources managers, integrated planning and reporting officers, information and communications technology managers and sustainability officers

A fundamental benefit of the CRJO is the advocacy coordination and cross Council collaboration that occurs through the CRJO Board, the General Managers group who both meet on a regular basis and the various CRJO Working Groups that bring together staff at an operational level to share knowledge, skills and experience in delivering services.

The legislative and regulatory frameworks underpinning JOs play an important role in reinforcing their credibility, legitimacy, and transparency. These frameworks enhance the attractiveness of JOs as collaborative partners for State Government and position them favourably to secure grant funding and other external resources.

Compliance with these frameworks incurs costs, such as audit fees and other governance related expenses. Council’s annual membership cost for 2025-26 FY is $48,900 (ex GST).

This contribution is funded from the Executive Office and contributes to the viability of the CRJO. The CRJO is fortunate to have Sharon Houlihan as the Executive Officer who brings extensive local government experience and plays a fundamental role in ensuring the CRJO remains sustainability and continues to deliver value for its members.

Should Council support my recommendation a media release will be issued to demonstrate public support for the Canberra Region Joint Organisation as part of the OLG review process.

Joint Organisation History

In 2017, the NSW Parliament passed the Local Government Amendment (Regional Joint Organisations) Act 2017 to establish a network of JOs as regional collaborative bodies with NSW regional councils as members. The NSW Local Government Act 1993 requires all councils to be in one of the 13 JOs proclaimed in NSW.

The CRJO had already been established and active as a strategic partnership however previously unsupported by legislation.

In 2021 the Office of Local Government (OLG) undertook a review of the JO model aiming to assess the effectiveness of JOs and their core functions. The Overview report is linked: https://www.olg.nsw.gov.au/programs-and-initiatives/joint-organisations/

The report found that the JO model is generally effective, although some JOs are more financially sound than others and that the State Government funding would be required or some JOs would struggle to be financially sustainable.

In 2025, Minister Hoenig announced at the November Local Government NSW conference that an expression of interest process would be undertaken regarding preferences for continued participation in JOs.

Attachments

1 ⇩. DRAFT Mayor Russell Fitzpatrick letter to Brett Whitworth - Office of Local Government Joint Organisations review

2 ⇩. Letter to Bega Valley Shire Council from OLG regarding Joint Organisation review

3 ⇩. Review-of-Joint-Organisation-framework-–-FAQ

Council 25 March 2026

Item 8.1

8.1. 2022.62 Demolition of existing buildings and construction of a five storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments

Director Community Environment and Planning

Applicant	Habitat Planning
Owner	Merimbula Central Pty Ltd
Site	29 (Lot 112, DP 1227927) and 33 Market St (Lot 11 DP 838058), Merimbula
Zone	E2 Local Centre
Site area	4014 m²
Proposed development	Demolition of existing buildings and construction of a five (5) storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments and 15 shops

Precis

The development application proposes the demolition of existing buildings and construction of a five (5) storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments and 15 shops on a lot of 4014m² at 29 and 33 Merimbula Drive, Merimbula.

The development would mark a major change in the urban form of the Merimbula CBD and would present a significant new building in terms of mass and bulk when compared to the existing urban form which comprises single and two storey shops along Market Street and Palmer Lane. This is balanced against the high-quality architectural form of the building which has been developed with input from planning staff to achieve better visual outcomes.

The application is being reported to Council in accordance with Procedure 3.01.01 Reporting of Development Applications to Council as more than 10 unique submissions by way of objection to the development were received during two notification processes for the application.

The application is accompanied by a Clause 4.6 variation request to vary the height of buildings development standard by 1.065m or 5.92% above the prescribed height of buildings limit of 18m under Bega Valley Local Environmental Plan (BVLEP) 2013.

The development application is recommended for approval subject to conditions.

Officer’s Recommendation

That Council:

1. Support the Clause 4.6 variation request to the height of buildings development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

2. Approve development application 2022.62 for the demolition of existing building and the construction of a five (5) storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments and 15 shops, at 29-33 Market Street, Merimbula, subject to the conditions of consent provided in Attachment 1.

3. Notify submitters of the Council’s decision.

Executive Summary

Development Application (DA) 2022.62 is being reported to Council in accordance with Procedure 3.01.01 Reporting of Development Applications to Council as more than 10 unique submissions by way of objection to the development were received during two notification processes for the application.

Habitat Planning, acting for Merimbula Central Pty Ltd, is seeking approval for the construction of a five storey Commercial & Residential (Shop Top Housing) development comprising 52 apartments and 15 retail spaces at 29-33 Market Street, Merimbula. The maximum height of the building is proposed to be 19.065 metres, which would result in a 1.065 metre increase to the prescribed maximum height limit of 18 metres for the site. This 1.065 metre variation to the Height of Buildings development standard in BVLEP is calculated as a 5.92% increase (noting Council staff hold delegation to determine development standard variations up to 10%).

The development proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act) and the assessment report is included as Attachment 2 to this report.

After a comprehensive initial assessment in 2022, several design changes were requested by Council assessing officers in February 2023 to ensure a higher level of compliance with the relevant planning provisions applying to the site and relevant planning instruments and policies, including the Apartment Design Guidelines and State Environmental Planning Policy – Housing. Amended plans were received in May 2024 and the proposal was re-notified for further community input.

To address remaining issues identified in the assessment, a final revision of the plans was submitted to Council in May 2025, which included the deletion of one apartment on the upper level to improve articulation to the northern elevation of the development site.

Council assessing officers then worked closely with the applicant and the architects during the remainder of 2025 to further refine the overall design (in particular the northern elevation) to ensure that the development maintained visual balance when viewed from all streetscape and lakeside locations.

The final details of the development sought for approval are:

1. Shop top housing comprising 52 residential apartments, made up of:

· 3 x 1 bedroom apartments

· 22 x 2 bedroom apartments

· 27 x 3 bedroom apartments

2. 2,106m2 of ground floor retail space (15 shops)

3. Onsite car parking – 116 spaces (49 in excess of the specified DCP requirement)

A conceptual image of the development is included as Figure 1 below.

Figure 1 – perspective rendering impression – Market St looking northwest

A full set of plans is included as Attachment 5 to this report.

The application is being reported to Council as the development has received 42 unique submissions, 38 of which were objections.

It is considered that the application generally meets the objectives of the relevant planning instruments and strategic urban design documents for Merimbula CBD.

The development aligns with Council’s adopted strategic direction that recognises the need for denser urban settlement closer to town centres, as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS).

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 1.

Background

Planning Proposal (2022)

The applicant previously submitted a Planning Proposal in 2022 seeking support for an increase of 5m in the height of buildings limit from 13 metres to 18 metres, which was supported by Councillors (conditional on the preparation of a Voluntary Planning Agreement (VPA) which was subsequently entered into by the developer) and gazetted in December 2023.

This change in height limit attracted over 30 public submissions, most objecting to the change in height limit identifying concerns that the development would adversely change the ‘character’ of the existing low-rise urban form of Merimbula CBD.

Voluntary Planning Agreement linked to Planning Proposal (executed 11 December 2023)

As part of the consideration of a change in the height of buildings limit, a Voluntary Planning Agreement was entered into between Council and the developer which seeks to provide significant public benefit to the streetscape and public domain of Market Street in terms of pedestrian activity and active frontages.

The developer agreed to the following:

1. The widening of the public domain along Market Street by 3m (over the developer’s private property)

2. The provision of street beautification works

3. The provision of an alleyway between the Market Street frontage and the Palmer Lane car park for pedestrian access.

It is important to note that these works are required as a direct result of the Planning Proposal but will be activated at specified stages post determination of this Development Application.

Council Officer review of initial plans (April 2022 / early 2023)

Council officers conducted an initial assessment and determined that many aspects of the proposal were non-compliant with the state government’s Apartment Design Guide that guides Residential Flat Buildings in New South Wales.

Following the initial review, design changes were re-submitted in May 2024, with the following changes:

· Reduction of the height of the building to four levels at its northern end, on the Market Street frontage, so as to make for a smoother transition to its northern (and only) neighbour.

· The previously open walkway is now proposed to be covered.

· The entrance to the southern residential lobby was relocated from the southern end of the building to the central walkway.

· The entrance to the northern residential lobby was altered to provide extra space in the adjacent shop.

· A view sharing analysis was provided.

· A significantly greater level of compliance with the apartment design guide was achieved by the following design changes:

- vertical fins for greater privacy were added between adjacent balconies

- the internal separation distance between buildings has been amended to be not less than 12m

- the previously submitted plans have been amended to incorporate greater soil volumes as per the requirement for mature landscaping

- architectural plans have been amended to include an accessible toilet provided on the ground floor.

Revised plans notified to the public (mid 2024)

The application was again notified to the public from 22 August to 13 September 2024 and further assessments made by Council staff during 2024. (7 additional unique submissions by way of objection were received).

Council officers maintained concerns regarding:

· the need for a more rigorous justification for exceeding the height limit of 18m

· the northern wall still presented as a sheer concrete wall when viewed from the north

· direct solar access into the units – the 3 hours per day standard was not met for the majority of units.

Refined design plans submitted (April 2025)

Further adjustments were submitted in April 2025 to the design as follows:

· The architects produced an alternative ‘saw-tooth’ design which complied with the 3-hour direct sunlight guideline. This design would lead to a more ‘jagged’ and less linear external appearance along Market Street.

· More detailed height plane intrusion diagrams were provided demonstrating that no substantial elements of the fifth-storey apartments were intruding into the 1 metre plane above the 18 metre height limit (for example to seek additional views).

· An embossed and textured northern wall was agreed to by the applicant to add visual interest.

· Deletion of one 3-bedroom unit on the NW side of the upper storey to lessen volume of the northern wall and to add more visual balance, further reducing mass and bulk at the northern end of the building.

A map of a building

AI-generated content may be incorrect.

Figure 2 - Alternative Saw-tooth design which would be necessary to achieve full compliance with 3 hours of direct solar access to inside apartments.

May to June 2025

Further refinements to stormwater plans, traffic report, detailed design issues and inspection of box culvert (CCTV and report) were required to enable a complete assessment of engineering components of the development.

September 2025

Applicant responded to further information requests to address the engineering design considerations.

October to January 2026

Further assessment and finalisation of all assessment requirements.

Site Description

The subject land is made up of two lots with a combined area of 4,014 sqm, located in Market Street within the Merimbula town centre. The site is located opposite the Market Street / Beach Street intersection and is in close proximity to Merimbula Lake.

The site is prominently situated to the north of the Monaro/Market and Park Street traffic intersection. The land is mostly flat with approximately 0.3m height variation across the site.

Existing development on the land is made up of single and two storey commercial buildings (see Figures 3 to 5 below).

Aerial view of a city

AI-generated content may be incorrect.

Figure 3 – Site area marked in red

A building with shops on the side of the road

AI-generated content may be incorrect.

Figure 4 – Existing shops on site fronting Palmer Lane

A white truck on the street

AI-generated content may be incorrect.

Figure 5 – Existing shops on site fronting Market Street of Lot 11 DP 838058 (33 Market St)

Description of the Proposal

The development is charactered as ‘shop-top housing’ and is permissible with consent in the E2 Local Centre Zone. The proposed building is a 5-storey structure to a maximum height of 19.065 metres with recessed building forms at the upper levels. The building’s architectural design is influenced by ocean liner design forms, with deep set balconies and large cantilevered eaves which provide visual interest.

The ground level is composed of retail premises (15 shops) and a portion of the proposed carparking spaces and associated servicing infrastructure. The upper levels are comprised of more car parking and residential apartments in various configurations. See Figures 6 to 13 below providing design parameters of the development. A full copy of the final submitted plans are included as Attachment 5 to this report.

A blueprint of a building

AI-generated content may be incorrect.

Figure 6 – Residential Floor Plan – Level 3

A map of a building

AI-generated content may be incorrect.

Figure 7 – Site Analysis Plan

A building with many windows

AI-generated content may be incorrect.

A drawing of a building

AI-generated content may be incorrect.

Figures 8 & 9 South and North Elevations

A building with trees and windows

AI-generated content may be incorrect.

A building with many windows

AI-generated content may be incorrect.

Figures 10 & 11 East and West Elevations

A close-up of different types of brick

AI-generated content may be incorrect.

Figure 12 – Colours and Materials – Part 1

A close-up of a building

AI-generated content may be incorrect.

Figure 13 – Colours and Materials – Part 2

Planning Assessment

The development application has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (refer to Attachment 2).

The relevant non-compliances with the LEP and merit assessment considerations are outlined below.

The application was notified twice for periods of 14 days (revised plans were notified in November 2024). A total of 42 unique submissions (38 by way of objection) were received over both submission periods and are detailed further in this assessment report.

Bega Valley Local Environmental Plan 2013

The development has been assessed in accordance with the relevant provisions of Bega Valley Local Environmental Plan (BVLEP) 2013.

The land is zoned E2 Local Centre under BVLEP 2013 (B2 Local Centre at time of DA lodgement). ‘Shop Top Housing’ and ‘Commercial Premises’ are permitted with development consent in the E2 zone.

A map of a neighborhood

AI-generated content may be incorrect.

Figure 14 – Zoning Map E2 zone

Clause 4.3 Height Limit of buildings

Figure 15 - Height of Buildings limit map

A height limit for the site is 18 metres above existing ground level.

The design of the development generally meets the height limit of 18 metres except for elements of the proposed roof structure. As the site slopes, the extent of the areas above the 18 metre height limit are detailed in Figures 16 to 20 below and generally relate to top roof and services elements on the roof.

A building with many windows

AI-generated content may be incorrect.

Figures 16 & 17 – Encroachment Overview and detail

A building with a roof and a diagram

AI-generated content may be incorrect.

A drawing of a building

AI-generated content may be incorrect.

Figures 18 & 19 – Encroachment detail

A drawing of a building

AI-generated content may be incorrect.

Figure 20 – Encroachment detail

A Clause 4.6 Variation Request under BVLEP 2013 to the 18-metre height limit development standard was submitted with the application seeking support to vary the height limit from 18m to 19.065m, a variation of 1065mm (1.065m), being an increase of 5.92%.

Clause 4.6 Variations to Development Standards

The DA has been accompanied by a written request under clause 4.6 of the BVLEP 2013 to seek a variation to the development standards specified under Clause 4.3 (a copy of the Applicant’s Variation Request is provided as Attachment 4 of this report).

Council as the consent authority, may consider variations to development standards with the use of clause 4.6 of the BVLEP, provided the proposal:

a) demonstrates that compliance with the development standard is unreasonable and unnecessary in the circumstances of the case, and

b) demonstrates that there are sufficient environmental planning grounds to justify the contravention of the development standard.

Height of Buildings

A height limit of 18 metres above existing ground level applies to the site under Clause 4.3 of BVLEP 2013. The objectives of Clause 4.3 of the BVLEP 2013 are as follows:

(1) The objectives of this clause are as follows—

(a) to ensure new development is appropriate in the context of the predominant form and scale of surrounding development, including present and likely future development, surrounding landforms and the visual setting,

(b) to protect residential amenity, views, privacy and solar access.

(2) The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

Whether compliance with the standard is unreasonable or unnecessary

As outlined within the matter of Wehbe v Pittwater Council [2007] NSWLEC 827, it was established that in order to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, an applicant must demonstrate either of the following:

• the objectives of the development standard are achieved notwithstanding non-compliance with the standard; or

• the underlying objective or purpose of the standard is not relevant to the development; or

• the underlying objective or purpose would be defeated or thwarted if compliance was required; or

• the standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard; or

• the zoning of land was unreasonable or inappropriate, such that the standards for that zoning are also unreasonable or unnecessary.

The applicant’s written request for the variation of the Height of Buildings seeks to satisfy this requirement by demonstrating that the objectives of the development standard are achieved, notwithstanding the non-compliance. See Attachment 4 of this report for the full request.

The applicant’s justification can be summarised as follows:

· The encroachment is relatively small in terms of the overall context and size of the development.

· The proposed encroachment is consistent with the requirements of Section 2.7.1.3 of the DCP as it only relates to a minor encroachment to allow for articulation in the roof form.

· The encroachment does not exceed 1 metre in height and will not be visible from any public place.

· The overall building has been designed to reduce bulk and scale, whilst also providing a high degree of architectural design through fenestration, articulation and a variety of building materials and finishes.

· The additional height will not create additional overshadowing for adjoining properties.

· The outcomes sought on site are consistent with Council’s endorsed commercial and residential land use strategies.

With the exception of the claim that the encroachment meets the requirements of Section 2.7.1.3 of the DCP and that the encroachment does not exceed 1 metre in height (the maximum encroachment is 65mm more than 1 metre additional height), Council assessment staff concur with the applicant’s justification as outlined in the Clause 4.6 variation report and conclude that the objectives of the development standard have been achieved for the following reasons:

1) The encroachments will not perceptibly add to overshadowing of surrounding streets or block any additional streetscape vistas of distant hills or lake views beyond that of the main bulk and mass of the building.

2) The architectural form of the roof is considered articulated to a depth that creates visual interest when viewed from street level.

3) The proposed encroachment can be considered minor in relation to the proposed 18m Height of Buildings limit, given the overall scale and bulk of the entire development and that the encroachments are not seeking extra views for future residents.

Whether there are sufficient environmental planning grounds to justify the contravention of the development standard

In the matter of Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ provides the following guidance (ref: paragraph 23) to inform the consent authority’s finding that the applicant’s written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard:

‘As to the second matter required by clause 4.6(3)(b), the grounds relied on by the applicant in the written request under cl 4.6 must be “environmental planning grounds” by their nature: see Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 at [26]. The adjectival phrase “environmental planning” is not defined but would refer to grounds that relate to the subject matter, scope and purpose of the EPA Act, including the objects in section 1.3 of the EPA Act.’

Section 1.3 of the Environmental Planning and Assessment Act 1979 (EP&A Act) reads as follows:

(a) to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State’s natural and other resources,

(b) to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations in decision-making about environmental planning and assessment,

(d) to promote the delivery and maintenance of affordable housing,

(e) to protect the environment, including the conservation of threatened and other species of native animals and plants, ecological communities and their habitats,

(f) to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage),

(g) to promote good design and amenity of the built environment,

(h) to promote the proper construction and maintenance of buildings, including the protection of the health and safety of their occupants,

(i) to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State,

(j) to provide increased opportunity for community participation in environmental planning and assessment.

The applicant has submitted that there are sufficient environmental planning grounds to justify the contravention of the maximum height of 18 metres as specified in the BVLEP 2013.

In this regard, the applicant’s written request has demonstrated that the proposed development is an orderly and economic use and development of the land, and that the development will reasonably protect and improve the amenity of the surrounding built environment, thereby satisfying sections 1.3 (c) and (g) of the EP&A Act 1979.

Therefore, the applicant's written request has adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard as required by clause 4.6(3)(b) and Council staff supports the variation.

Bega Valley Local Development Control Plan 2013 (BVDCP 2013)

The development has been assessed in accordance with the relevant sections of the BVDCP 2013. The relevant sections are detailed in Section 4.15 Assessment included as Attachment 2. The application and assessment have detailed minor variations to the commercial and residential provisions of BVDCP 2013 and a summary of the variations are detailed below.

2.7 Specific Requirements – Commercial and Retail Development

2.4.5.3 Building Form

Medium rise buildings will contain highly articulated façade elements to break down the scale of the street wall, clearly showing a “base”, “middle” and “top”.’ Considered to comply.

The proposed building shows all three elements listed above with the lower elements distinguished from the upper levels by higher windows heights, the middle sections showing clearly detailed and legible architectural elements such as deep balconies and landscaping and the subsequent upper levels showing stepped back top elements with generous eaves providing visual depth. It is noted that the Market Street setback is 3m (0m is permitted) to allow integration with the future public domain streetscape upgrades and provides for breaking down of the appearance of a ‘street wall’ along Market St.

The covered arcade provides both a clear visual connection between the Market Street retail core / Palmer Lane pedestrian access from the car park and assists in breaking up the large form and mass of the structure (see Figures 21 to 24 below).

A building with trees and cars on the street

AI-generated content may be incorrect.

Figure 21 – View from Market St looking Northwest

A building with many balconies

AI-generated content may be incorrect.

Figure 22 – View from Market Street looking west through pedestrian link (covered walkway)

A building with many windows

AI-generated content may be incorrect.

Figure 23 – View from Market Street Looking West

A building with cars parked in front of it

AI-generated content may be incorrect.

Figure 24 – View from Palmer Lane looking northeast

2.7.1.3 Building height

The proposal does not comply with the following section of BVDCP:

A portion of the roof of a development may encroach the maximum height stipulated under the LEP to encourage articulation of roof form. Such encroachments are subject to LEP Clause 4.6 and are only permitted where the roof projects no more than 1000mm above the maximum height limit, achieves an average height encroachment of no more than 500mm, and complies with the relevant setback requirements.

The proposal seeks to encroach over the maximum building height stipulated in the DCP to encourage articulation of roof form. However, the total height proposed on the roof is 65mm above the 1000mm limit stipulated in the above paragraph.

An LEP Clause 4.6 variation request has been lodged which has satisfactorily justified the height encroachment above the 18m height limit for the following reasons:

· The encroachments will not perceptibly add to overshadowing of surrounding streets or block any additional streetscape vistas of distant hills or lake views beyond that of the main bulk and mass of the building.

· The architectural form of the roof is considered articulated to a depth that creates visual interest when viewed from street level.

· The proposed encroachment can be considered minor in relation to the proposed 18m HOB limit, given the overall scale and bulk of the entire development and that the encroachments are not seeking extra views for future residents.

Council staff are supportive of the minor increase as detailed above.

3.2.2.3 Overshadowing

Objective: Ensure that overshadowing of new development on the principal living areas and private open space of adjoining development is avoided.

The applicant has demonstrated that the proposal will not overshadow principal living areas and private open spaces of adjoining development for longer than 3 hours on 21 June.

Overshadowing of the Market Street public domain, the Twyford Hall entrance and some retail outlets facing Market Street along the eastern side will occur for 2-4 hours in the afternoons throughout winter, however it will not impact any residences after 1pm.

This level of overshadowing of the public domain, whilst not insignificant, is not considered to be a catastrophic loss of sunlight penetration into Market Street, the intersection to the south of the site or Palmer Lane between the hours of 9am to 3 pm at the Winter Solstice, which is the shortest day of the year and the lowest sun angle of the year (see Figures 25 to 28 below).

A drawing of a building

AI-generated content may be incorrect.

Figure 25 – 9am shadows – June 21

A map of a building

AI-generated content may be incorrect.

Figure 26 – 10am shadows

A map of a building

AI-generated content may be incorrect.

Figure 27 – 1pm shadows

A drawing of a building

AI-generated content may be incorrect.

Figure 28 – 3pm shadows

3.2.2.7 Setbacks

The application is compliant with all setbacks both at ground level and upper storeys, with the exception of the Palmer Lane frontage at the levels above the ground floor.

This variation does not unduly cause any additional detrimental amenity impacts to the car parking area adjacent or to the visual articulation of the western elevation.

3.2.3.2 Landscaping

The landscaping plans require revision due to species selection not aligning with the current Merimbula streetscape masterplan and requires a clear delineation of deep soil zones for larger species. This will be requested in the conditions of consent.

3.2.2.6 Views

The following view loss analysis only relates to view loss from two (2) private properties who specifically mentioned view loss as an amenity concern.

38 Merimbula Drive – Seaspray Motel

(Note: management of this motel has changed since this submission)

Figure 29 - Eastern View from southern most unit at upper level – negligible view loss due to roof form blocking view.

Units 10 and 11, 1 Monaro Street, Merimbula

(Note: The owners of units 10 and 11 have changed since this submission)

Figure 30 – Unit 10 upper balcony – moderate view loss

A aerial view of a city

AI-generated content may be incorrect.

Figure 31 – View loss line from upper balcony - Unit 10/ 1 Monaro Street, Merimbula

Figure 32 – Unit 11 – view to lake is not in alignment with new development – no impact.

Summary of view loss analysis for private properties who objected on the grounds of view loss.

38 Merimbula Drive

View loss is considered negligible due to the immediate foreground being blocked by residential development.

1 Monaro Street

Unit 10

The moderate view loss impact for Unit 10 is not considered unreasonable given the long-term strategic planning goals in increasing commercial density in the E2 Commercial Centre Zone.

There would be an expectation through the transition of Merimbula’s built form through more intensive commercial activities and subsequent height limit increases over the past 50 years that previous 1960s unit development will suffer some view loss and over-shadowing.

It is noted that the Monaro Units are also in the same zone as the proposed development, albeit with a differing height limit.

Unit 11

The view to the lake from Unit 11 is not in alignment with the new development and therefore no view loss is anticipated.

5.9 Off-street parking and bicycle parking

Retail component

Existing development on the site comprises a commercial and retail floor area of approximately 3,600sqm. There is currently no car parking provided on the site for the existing commercial land uses. The development proposes an overall reduction in commercial floor area from 3,600sqm to 2,160sqm – estimated to reduce traffic volumes by 21 to 32 Vehicle Movements per hour compared to the existing impact. Therefore, no further car parking provision is required for the commercial floor area to meet the requirements of Table 5.5.

Housing Component

The proposal is for shop top housing in the E2 zone. Therefore, for the residential component, the car parking requirement is 66 car parking spaces and 52 bicycle parking spaces.

Notably, the applicant proposes provision of 116 car parking spaces (49 in excess of requirement) and 52 bicycle spaces. Eleven (11) of these car parking spaces are proposed to be accessible spaces. Parking provision is compliant with the BVDCP.

Options

The following options are available to Council, in its consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in Attachment 1. This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design that complies with the provisions of BVLEP 2013.

Community and Stakeholder Engagement

Engagement undertaken

The application was notified for two periods in accordance with Council’s Community Participation Plan (which forms part of Council’s Community Engagement Strategy).

The original application and plans were notified between 8 June to 15 July 2022 (35 submissions) and again between 22 August to 13 September 2024 (7 submissions) for the revised application received in late April 2024. Forty-two (42) submissions in total (38 by way of objection) were received raising the following matters:

· The development would be out of character with existing built form of Merimbula

· Loss of existing retail functions and disruption to the Merimbula CBD for a long period of time

· Excessive height, bulk and mass

· Overshadowing of public streets

· No affordable housing offered

· Good for Merimbula to stimulate economy and refresh the built form of the CBD

· Creates more parking problems

As detailed throughout the Section 4.15 assessment, the proposed development and expected impacts have been assessed and considered to be addressed through design considerations and meeting the relevant planning provisions under BVLEP 2013, BVDCP 2013 and relevant State Environmental Planning Policies.

Where there are departures from the relevant development standards, such as the height of buildings, it has been demonstrated that the increase would not create any additional overshadowing impacts or impact adjoining properties than if it was to strictly comply with the development standard.

Key concerns with height, bulk and scale have been addressed and other issues including traffic and parking have been assessed to demonstrate the develop complies with Council’s carparking provisions.

The development would be a major redevelopment within the central CBD of Merimbula on a key intersection. The revised design now before Council is supported.

A full list of submissions and the officer responses is included in the Section 4.15 assessment included as Attachment 3.

Engagement planned

No further engagement is planned except to notify those persons who lodged submissions of the outcome of the determination of the application. The determination will be placed on Council’s DA Enquiry webpage as per Council obligations under the Environmental Planning and Assessment Act 1979 and Regulations 2021.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted budget.

Legal /Policy

Should Council resolve to refuse the application, the applicant can seek a s8.2 review or appeal to the Land and Environment Court under the provisions of the Environmental Planning and Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development will provide for the housing needs of the community within a town CBD retail environment.

The application is not inconsistent with the Planning Priorities outlined in the Local Strategic Planning Statement 2020 and Residential Land Strategy 2040.

Environment and Climate Change

The application, if approved, will not have any additional adverse impacts on the environment or climate change with the development meeting the provisions of State Environmental Planning Policy (Sustainable Buildings) 2022.

Economic

The impacts of the development on the economy are considered moderate. It is considered that utilising the site for 52 apartments and 15 retail shops would be the best economic use of the land, as envisaged by the Residential Land Strategy and therefore the proposed development is suitable for the reasons outlined in this report.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with determination of the proposed development. Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Social / Cultural

The application, if approved, will provide additional housing availability centrally within the Merimbula CBD and provide updated retail spaces. The proposed development is considered to be both socially and culturally appropriate within Merimbula, adding to the tourism opportunities the town provides.

Attachments

1 ⇩. Draft Notice of Determination

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Summary of Submissions

4 ⇩. Applicant's Clause 4.6 Variation Request to height of building

5 ⇩. Proposed Development Plans

Council 25 March 2026

Item 8.2

8.2. Draft Wolumla Local Infrastructure Contribution Plan

This report seeks endorsement from Council to publicly exhibit the draft Local Infrastructure Contribution Plan 2026-2041.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Bega Valley Local Infrastructure Contribution Plan 2026-2041 (Attachment 1) for a minimum of 28 days.

2. That a further report be presented to Council if there are any substantial changes to the Local Infrastructure Contribution Plan 2026-2041 arising from the public exhibition.

3. That if no substantial changes arise from the public exhibition, the Local Infrastructure Contribution Plan 2026-2041 be considered adopted and published to Council’s website.

Executive Summary

PolisPlan consultancy was engaged to prepare a local infrastructure contribution plan for Wolumla in accordance with the Wolumla Structure Plan adopted by Council in June 2024.

Through this work, Council’s current contributions plan has been updated to enable the collection of contributions towards capital works in Wolumla, and the resulting draft Bega Valley Local Infrastructure Contribution Plan 2026-2041 is now ready for public exhibition.

The capital works included in the current Bega Valley Local Infrastructure Contribution Plan were also reviewed and updated, resulting in some changes to the contribution amounts required.

Based on the analysis, it is recommended to implement a consistent developer contributions rate across the shire, apportioning around two thirds of any contributions raised from the Wolumla catchment to works in the catchment area. The remaining contributions will contribute to shire wide works noting residents will utilise infrastructure across the shire.

Background

Local infrastructure contribution plans provide councils with a framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure required due to new development. It is important to note that contributions only provide a portion of the infrastructure costs, with councils required to provide the majority of the funding.

The Wolumla contribution plan will provide a framework to fund the infrastructure needed for the future residents of Wolumla. The plan will help ensure that as Wolumla grows, the necessary community infrastructure is delivered in a coordinated, timely and fair way. It builds on the adopted Wolumla Structure Plan, which sets out a long-term vision for the town’s growth, including an additional 1,096 dwellings—effectively tripling the local population over time.

Council engaged PolisPlan consultancy to prepare a contribution plan for Wolumla village and associated growth areas. While the potential for rapid growth in Wolumla was the driver for the new plan, changes to population growth data and recently completed works across the shire mean that the broader Bega Valley Shire Local Infrastructure Contribution Plan 2024 – 2036 also requires updates.

The resulting draft document updates the current Bega Valley Shire Local Infrastructure Contribution Plan 2024 – 2036 to include Wolumla specific works, update the general works list and update the contribution rates to reflect these changes.

Figure 1: Wolumla catchment

This report seeks endorsement from Council to publicly exhibit the draft Bega Valley Local Infrastructure Contribution Plan 2026-2041. It is also anticipated that the draft contribution plan will be used to inform planning agreements to enable provision of local infrastructure in connection with new developments.

Once adopted, the draft contribution plan will replace the current contribution plan and will apply to any development application or complying development certificate application made on or after the date of the new plan’s commencement.

Impact of changes to population growth rates

Since the development of the current contribution plan, population forecasts for the Bega Valley Shire by both the NSW Treasury and demographers .id have been reduced. The lower growth expectation means that the cost of works in the schedule of the contribution plan needs to be distributed amongst fewer new dwellings or lots. This has resulted in a proportionate increase in the contribution rate in the draft plan compared to the current plan.

This increase has been minimised by adopting a longer planning period and the higher population growth projections of NSW Treasury compared to .id, to yield a more reasonable contribution rate. The allocation of population growth within the Wolumla catchment and the rest of the shire were adjusted accordingly. Attachment 2 to this report contains a report prepared by PolisPlan that explains this in detail.

Under the current contribution plan:

· The shire’s population growth between 2024–2036 is projected at 4,200 people.

· $27.5 million of capital works are apportioned to new development within the shire.

Under the draft contribution plan:

· The shire’s population growth between 2026–2041 is projected at 3,416 people; 1,244 of which are predicted to live in Wolumla and 2,172 within the rest of the shire.

· $36.1 million of capital works are apportioned to new development, $7.9 million of which is in Wolumla and $28.2 is within the rest of the shire.

Implementing a Wolumla local infrastructure contribution plan

Two options are available to Council to implement a contribution plan for Wolumla: either a separate plan is developed for Wolumla, or the existing contribution plan is updated to include the new Wolumla capital works.

Option 1: Separate plan for Wolumla (i.e. levy contributions within Wolumla and the rest of the shire separately)

Under this option, one contribution rate would apply to development in Wolumla and a different contribution rate would apply to development in the remainder of the shire. This would involve the removal of the population growth and planned capital works in the Wolumla catchment from the shire-wide plan. Based on July 2025 figures, this results in a contribution rate of $6,353 per person in the Wolumla catchment and $12,976 per person in the rest of the shire. Per person rates are multiplied by dwelling occupancy rates to calculate the contribution rates ($/dwelling) in contributions plans. For option 1 these rates are outlined in Table 1:

• Changes in s7.11 contributions proposed under Option 1
• Development description	• Development type	• Contribution rate (as at December 2025)
		Current CP	Option 1: Wolumla	Option 1: Rest of shire
Subdivision that creates a lot with a dwelling entitlement	lot below 550 m2 lot 550 m2 and over	$10,761 $16,010	$10,419 $15,501	$20,000 $20,000
Residential accommodation that results in a net increase in the number of dwellings	0-1 bed dwelling 2-bed dwelling 3+ bed dwelling	$9,121 $10,761 $16,010	$8,831 $10,419 $15,501	$18, 037 $20,000 $20,000

Table 1: Per dwelling/lot contributions under Option 1

Note that contribution rates do not exceed $20,000 in accordance with current NSW Government guidelines. Option 1 would result in a shortfall of contributions of $1,281 per 2 bed dwelling / lot less than 550sqm and $11,662 per 3 bedroom dwelling / lot over 550sqm.

This approach results in development within the Wolumla catchment paying a lower contribution than equivalent development elsewhere in the shire. It also means that new development in Wolumla does not contribute to any regional or other facilities across the shire that future Wolumla residents will also use and benefit from.

Option 2: Update existing contributions plan (i.e. define Wolumla as a separate catchment within the shire-wide plan)

This option enables contributions to be equitably levied across the shire by quarantining a portion of the contribution from development within the Wolumla catchment for expenditure on identified capital works within the catchment. The remainder of the contribution from Wolumla developments are then allocated to the shire-wide capital works program.

This approach is recommended by Council staff because it ensures that new development in Wolumla funds community infrastructure in the village while still contributing towards regional facilities within the shire. It also ensures that all contribution amounts are equivalent under the plan regardless of location—i.e. a three bedroom dwelling in Bermagui will pay the same amount as a three bedroom dwelling in Wolumla.

This option yields a contribution rate of $8,991 per person throughout the shire. For development in Wolumla this consists of a per person contribution of $6,353 for capital works in the Wolumla catchment and $2,638 towards shire-wide works. For all other applicable development in the shire, the entire $8,991 per person is allocated to capital works outside the Wolumla catchment. Per person rates are multiplied by dwelling occupancy rates to calculate the contribution rates ($/dwelling) in contributions plans. For option 2 these rates are illustrated in Table 2:

• Changes in s7.11 contributions proposed under Option 2
• Development description	• Development type	• Contribution rate (as at December 2025)
		Current plan	Option 2
Subdivision that creates a lot with a dwelling entitlement	lot below 550 m2 lot 550 m2 and over	$10,761 $16,010	$14,746 $20,000
Residential accommodation that results in a net increase in the number of dwellings	0-1 bed dwelling 2-bed dwelling 3+ bed dwelling	$9,121 $10,761 $16,010	$12,498 $14,746 $20,000

Table 2: Per dwelling/lot contributions under Option 2

Note that contribution rates do not exceed $20,000 in accordance with current NSW Government guidelines. Option 2 would result in a shortfall of contributions of $ 1,938 per 3 bedroom dwelling / lot over 550sqm.

Table 1: Change in contributions rates for development types under current and draft contributions plans (based on Option 2).

The draft contribution plan

Regardless of which of the above options is selected by Council, creating a contributions plan for Wolumla necessitates several updates to the existing plan. These updates are detailed in tracked changes in Attachment 1.

The following is a summary of the main differences between the current and draft contributions plans:

· The capital works schedule was updated based on projects identified in the Wolumla Structure Plan.

· Population forecasts by .id. were replaced with NSW Treasury’s Common Planning Assumptions.

· The apportionment of renewal works in the works schedule was reduced from 10% to 8.4% due to the reduction in population increase from 10% to 8.4% over the life of the plan.

· The plan timeframe was updated from 2024–2036 to 2026–2041.

· The shire wide capital works schedule was reviewed and updated.

· Per person contribution rates increased from $6,903 to $8,991 (as at 1 July 2025).

Once adopted, the draft contributions plan will supersede the current contributions plan. The new contributions plan will apply to development applications or complying development certificate applications made on or after the date of adoption.

Review of shire-wide capital works schedule

During the preparation of the draft contribution plan the capital works schedule in the current contribution plan was reviewed and updated to reflect completed works, planned new works and revised costings where appropriate. This is in line with the bi-annual update of the schedule that was scheduled for 2026.

Items removed from the current contributions plan are works to:

· Ritchies Lagoon, Murrabrine Creek, Katchencarry Creek, Wandella Road and Red Hill Road bridges and Sapphire Coast Drive

· Pambula sports facilities and multi-use sports pavilion, Bega Sporting complex, Bega Valley (Keith Mitchell) fields, Candelo John Gordon Recreation Reserve

· Bega Gallery

· Taylors Square amenities

New items included in the draft contributions plan (in addition to the works in the Wolumla catchment) are works to:

· Bega library, Merimbula CBD Upgrade, Handcocks Bridge, Glebe lagoon culvert and Pambula Beach Road

Options

Options available to Council are:

A. Place the draft contributions plan (Attachment 1) on public exhibition. This is the recommended option because it ensures that all new eligible development contributes equally to funding community infrastructure needed for future residents and enables part of the contributions collected from Wolumla development to be allocated to infrastructure upgrades in Wolumla.

B. Amend the draft contributions plan to reflect Option 1 described in the report above and place on public exhibition. This option is not recommended because it does not ensure that all new eligible development contributes equally to funding infrastructure needed for future residents.

C. Resolve to not exhibit the draft contributions plan. This option is not recommended as the current contributions plan does not adequately provide for critical community infrastructure required to support the largest zoned urban growth area in the shire.

Community and Stakeholder Engagement

Engagement undertaken

The draft contributions plan is based on extensive community consultation conducted in 2024, which identified key infrastructure priorities to support the town’s expansion. These priorities included upgrades to roads and intersections, construction of new pathways for pedestrians and cyclists, a new car park for the community hall, additional bus stops and school crossings, a park upgrade, new public toilets and the greening of village streets.

A broad range of officers from across Council were consulted during the development of the draft contributions plan. This included all relevant asset managers who compiled amendments to the capital works program, as well as planning and property officers directly affected or responsible for its implementation.

A Councillor workshop was held on 4 March to present the recommendations of PolisPlan regarding the preparation and operation of a contributions plan for Wolumla and the remainder of the shire.

Engagement planned

Public exhibition of the draft contributions plan is planned for a minimum of 28 days in accordance with the provisions of Council’s Community Engagement Strategy. It is proposed to provide information about the draft document through Council’s newsletter, Council website, media release and social media, and via email to the Development Professionals group. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Financial and Resource Considerations

Council successfully secured $50,380 from the NSW Government’s Regional Housing Strategic Planning Fund (Round 3) to prepare the contribution plan for Wolumla.

The amendments to the schedule of works in the contributions plan were developed with support from relevant asset managers and property officers. The draft contributions plan will ensure the contributions collected will part-fund Council’s capital works priorities as identified in Council strategies and plans.

The total estimated cost of local infrastructure needed to support population growth over the life of the plan and the estimated funds to be received for these items from the draft contributions plan is listed below.

Item	Estimated total cost of local infrastructure in the draft CP works schedule	Estimated total funds to be received from the draft CP
Roads	$83,846,278	$8,854,021
Open space & recreation	$52,204,897	$13,051,224
Community facilities	$16,566,328	$4,141,582
Streetscape (Roads)	$11,456,807	$1,543,636
Wolumla	$10,680,272	$2,670,068
Plan administration	$453,908	$453,908
Total	$175,208,489	$30,714,439

Note: The apportionment section of Attachment 1 to this report (pages 30-32) explains the methodology for how the total funds to be received from the draft CP is derived.

Legal /Policy

The draft contributions plan has been prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021, Roads Act 1993, and Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft contributions plan is consistent with the following themes in the Bega Valley Community Strategic Plan 2042:

- Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

- Our local civic leadership is strong, consultative and responsive to our community’s needs.

The draft contributions plan is consistent with the vision of Council’s Local Strategic Planning Statement that land use in the Bega Valley Shire supports the activities, infrastructure and natural environment that enhance the quality of life and enable us to become more resilient to challenges.

Development of the draft contributions plan is in response to an action in the 2025-26 Operational Plan.

Environment and Climate Change

The draft contributions plan will help ensure that our infrastructure complements our natural surroundings and character while enhancing the lives of our community. The draft document will provide a framework to assist Council to facilitate and manage the negotiation of planning agreements for the provision of different types of public benefit sought by Council. This may include public benefit such as environmental management which could include planting vegetation for environmental restoration.

Economic

The draft contributions plan will ensure that a reasonable contribution towards the provision of local infrastructure is received to ensure the delivery of infrastructure to meet community needs and assist in funding Council’s capital works priorities.

Risk

The draft contributions plan will minimise risks to Council by updating the current document in line with best practice guidelines. In addition, if Council does not provide new and upgraded local infrastructure to meet the needs of the people who live and work in the new development, the infrastructure service levels for the existing and future population will decline.

If the plan is not updated to include the infrastructure required for the residents of the Wolumla growth area, Council will not be able to use developer contributions to fund the required capital works, and the cost will be borne by the broader community.

Social / Cultural

The draft contributions plan will assist Council to fund infrastructure needed by the people that will live and work in the shire including open space, recreation facilities, community facilities such as libraries and halls, and traffic and transport works.

Attachments

1⇩. Draft Local Infrastructure Contributions Plan 2026-2041

2⇩. Wolumla local infrastructure contributions plan background report

Council 25 March 2026

Item 8.3

8.3. Development Assessment Service Review - Implementation Roadmap

Following the completion of an independent review of Council’s end-to-end development assessment service, an implementation roadmap has been developed to respond to the recommendations.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council endorses the development assessment (DA) roadmap provided at Attachment 1.

2. That Council notes implementation of the roadmap may be impacted by the state government’s planning reforms.

3. That Council endorses the amended policy 3.01 Development Administration and procedure 3.01.01 Reporting of Development Applications to Council at Attachments 2 and 3 for public exhibition, noting the changes align with the recommendations from the service review, and that if no substantive changes are required post exhibition that they be considered adopted by Council.

4. That Council revokes procedures 3.01.2 Development Application Refusal and 3.01.3 Development Application review by Police.

5. That Council endorses the change in delegation for refusal of DAs, as detailed in this report and Attachment 1.

6. That Council notes a number of budget bids will be included in the FY27 budget to support implementation of the roadmap.

Executive Summary

The recommendations of the end-to-end development assessment service review undertaken by Morrison Low Advisory in late 2025 have been reviewed and a detailed roadmap developed in consultation with staff.

The road map, including a detailed response to each recommendation, is included at Attachment 1.

A number of recommendations require updates to Council policy and procedure. These updates have been drafted and are included at Attachments 2 and 3 for Council’s review and endorsement to publicly exhibit. Pending the Council resolution, if substantive changes are required to any policy or procedure following public exhibition, the relevant documents will be reported back to Council for final approval. If no substantive changes are required, they will be considered adopted by Council and published on our website.

Approval is also sought to revoke procedures 3.01.2 Development Application Refusal and 3.01.3 Development Application review by Police as they are no longer required.

Background

An independent review of Council’s end-to-end development assessment service has been completed by Morrison Low Advisory. The final report is available at Attachment 4 and was presented to Council at the 28 January 2026 Council meeting, where Council resolved as follows:

In summary, the review found that:

· staff were understanding, helpful, could be flexible and created a positive experience for customers

· development application (DA) assessment times have improved from 2024 onward

· most frustration was expressed with the ‘system’ planning staff must work within rather than the staff themselves

· some negative views relate to historical issues that had subsequently been addressed

· planning staff have a high level of awareness of the DA process, challenges and limitations, and have continually improved the process through new and updated policies, procedures and processes.

However, a number of strategic improvements were recommended to further streamline processes, improve customer experience and reduce assessment timeframes.

The recommendations put forward by the consultant are summarised below. The full road map, including a detailed response to each recommendation, is included at Attachment 1.

Recommendation	Timeline	Staff response (summary)
Establish co-design team and confirm roadmap	0-3 months	Complete
Finalise and adopt vision and objective	0-3 months	Agree
Rec 1: Adopt the Seven-Stage Development Assessment model	0-3 months	Agree, with minor refinements
Rec 2: Stratify applications into three assessment pathways: Rapid, Standard and Complex	0-3 months	Agree, with minor refinements
Rec 3: Revitalise the Development Assessment Panel so that it performs a role of regulating the progress of development applications through Council	0-3 months	Partially agree
Rec 4: Review the Development Administration Policy and Procedure Framework to reflect best practice and contemporary approaches	0-6 months	Agree
Rec 5: Adopt a new Procedure which aims to send any request for information for standard applications within 25 days of lodgement, and to determine rapid applications within 28 days (or less) of lodgement	0-6 months	Agree, noting this will be combined with recommendation 6
Rec 6: Adopt an Internal Referrals procedure that focuses on streamlining internal referrals so that they provide timely contributions to the request for information and identify conditions of approval as their deliverables within seven days for standard applications	0-6 months	Agree, noting this will be combined with recommendation 5
Rec 7: Implement a strong set of supporting structures and procedures within the development assessment process that supports the recommendations	0-6 months	Agree overall, however Attachment 1 includes the detail on each part of this recommendation (a-j)
Rec 8: Prioritise the Review of the Development Control Plan so that the controls are clear, assessment against controls is straightforward, and a pathway is provided for consideration where the controls are not met	12-18 months	Agree, noting budget implications
Rec 9: Consider refinements to the Planning and Sustainability structure to support the adopted process	6-12 months	Agree, noting staged approach outlined in Attachment 1
Rec 10: Delegations to staff within the teams to be appropriate to ensure independence, oversight and good governance. Team members be given permission to perform their role to their delegation level	0-6 months	Agree
Rec 11: Introduce technology that supports the assessment process and reduces administrative burdens	12-18 months	Noted. Budget implications to be considered.
Rec 12: Provide regular internal and external training for all staff involved in the assessment process and ensure good understanding of the assessment process across the organisation		Agree
Rec 13: Develop an implementation roadmap for continuous improvement with oversight at Executive level	0-3 months	Agree
Rec 14: Implement a process to address historic undetermined development applications within six months	0-6 months	Agree
Rec 15: Embed a customer service ethos within the internal DA assessment stakeholders that creates an accountability for regular communications between Council staff and applicants or owners	0-6 months	Agree, with minor refinements

Recent changes to the Environmental Assessment and Planning Act 1979 were considered in the review, however the report notes:

There is limited clarity on the impact of the changes to the Act, as some will rely on changes to Regulations which haven’t been provided or require work to be completed by the State before the outcomes of that work are known. (Attachment 4, p35)

Additionally, the changes may add further complexity to the planning system (Attachment 4, pp25-26) which could impact Council’s ability to reduce assessment timeframes and implement some of the recommendations.

The full recommendations, including explanatory text, are available on pages 37 to 51 in the report at Attachment 4, along with a high-level recommended implementation timeframe on pages 51-52.

All currently adopted procedures, including 3.01.2 Development Application Refusal and 3.01.3 Development Application review by Police which are recommended to be revoked, are available on Council’s website: bega.pulsesoftware.com/Pulse/Public.aspx?page=publicpolicies

Further background

The objectives of the review were to:

• Assess the efficiency, effectiveness, and equity of current DA systems, processes, resources, and culture.

• Benchmark Council’s performance against similar councils and sector-wide best practices.

• Identify internal and external factors contributing to DA processing delays.

• Evaluate recent improvements and updates to systems and processes.

• Recommend specific actions tailored to Council’s operational context and resourcing levels.

As part of the review, Morrison Low undertook a document review, interviewed all staff involved in the DA assessment process, spoke with Councillors, distributed a survey to development professionals, applicants and owners, and facilitated a workshop with development professionals.

Options

Council can resolve to endorse the roadmap, supporting policy and procedure updates, and change to delegations, as recommended.

Alternatively, Council could resolve not to implement some or all of the roadmap, noting this may impact the policy and procedure updates proposed in this report.

Community and Stakeholder Engagement

Engagement undertaken

As part of the review, Morrison Low interviewed all staff involved in the DA assessment process, spoke with Councillors, distributed a survey to development professionals, applicants and owners, and facilitated a workshop with development professionals. More information is available in the review report at Attachment 4.

Following receipt of the final review report, which was formally provided to Council at the 27 January 2026 Council meeting, Director Community, Environment and Planning convened a series of staff workshops to consider the review recommendations in detail and develop the roadmap.

The draft roadmap was workshopped with Councillors on 11 March 2026.

Engagement planned

Pending adoption of the roadmap, the development professionals group will be informed of relevant changes as they are implemented, through our usual channels. These include emails and quarterly development professionals forums.

Website content will be updated as required, and media releases will be considered for changes that have broad impacts.

Any significant workplace changes will be subject to a staff consultation process in line with the Local Government (State) Award 2023.

Financial and Resource Considerations

Some of the recommended improvements will require a financial investment from Council. Potential budget implications will be provided to Councillors as part of the FY27 budget deliberations.

Legal /Policy

The assessment of development applications is governed by the Environmental Planning and Assessment Act 1979 and is guided by Council’s strategic land use documents, State Environmental Planning Policies, Local Environmental Plan and Development Control Plan.

Council is required to comply with the legislative framework when assessing DAs. The complexity of the planning framework is often not well understood by applicants, particularly those who are not planning professionals.

If any significant workplace changes are proposed as part of the roadmap/implementation process, staff and union consultation will be undertaken in line with the Local Government (State) Award 2023.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Providing an efficient and effective development assessment service is a core function of Council, highlighted in the Delivery Program and annual Operational Plan.

A review of Council’s development assessment processes and systems aligns with the following theme from the Bega Valley Community Strategic Plan 2042 (2025 revision):

E. Our civic leadership | Local leadership is strong, consultative and responsive to our community’s needs.

Environment and Climate Change

The review of Council’s development assessment processes and systems, and any changes resulting from the recommendations, will not impact the environment or climate change.

Impact to the environment and the impacts of climate change are a key consideration during the Planning Proposal or DA assessment stage for individual developments.

Economic

There are no direct economic impacts from the recommendations of the review or roadmap, however further streamlining the DA assessment process and reducing assessment timeframes will have economic benefits for individual developers and improve facilitation of future development in the shire.

Risk

The review itself was intended to help address risk to Council and the community from protracted assessment timeframes, and ensure we are best placed to meet Ministerial expectations regarding gross development assessment timeframes.

Importantly, while the recommendations are intended to reduce the timeframe for DA assessment, the quality of applications and supporting information submitted by applicants is largely outside of Council’s control and will have a significant impact on our ability to reduce and maintain timeframes. The review report notes that the low number of local planning firms in our area ‘contributes to higher proportions of applications being lodged by professionals who are not qualified planners, such as draftspersons, consulting engineers, surveyors or even private owners themselves’. This can, in turn, increase the gross timeframes for DA assessment.

As the recommendations are implemented, it is likely more DAs will be refused or determined with conditions that applicants are not happy with. This will reduce the assessment timeframes in line with the recommendations of the review and Ministerial Expectations, but may result in issues being pushed to post DA rather than being resolved before a consent is issued. This will need to be carefully monitored and managed.

There is a risk that prioritising speed over other considerations will result in more DAs being rejected, errors being made, decisions made that have longer term impacts on Council’s infrastructure, or more DAs being challenged in the Land and Environment Court. The review recommendations have been drafted to minimise and mitigate these risks where possible, and they will all be carefully considered during the implementation of the roadmap.

Changes to the EP&A Act
It is important to note that there is limited clarity on the recently announced changes to the Environmental Assessment and Planning Act 1979 and until Regulations are updated or the state undertakes further work, the full impact on Council’s DA assessment timeframes and processes is not known.

Additionally, the changes may override some the changes currently being implemented or add further complexity to the planning system which could negate some of the gains made by implementing the recommendations of the review.

Implementation timeframe and resourcing

It is important to note that implementing the roadmap will require input and focus from a number of staff across the organisation. This will need to be carefully balanced with assessment work to ensure DA timeframes are not negatively impacted while systems, structures and procedures are being reviewed and updated.

Social / Cultural

Development assessment enables housing growth and supports a connected and supported community. Improving Council’s end-to-end development assessment service will enable Council to better support these outcomes into the future and continue to reduce DA assessment timeframes.

Attachments

1 ⇩. Development Assessment roadmap

2⇩. DRAFT Policy 3.01 development administration

3⇩. DRAFT procedure 3.01.01 Reporting of Development Applications to Council v1 - Policy 3.01

4⇩. Development Assessment Service Review final report

Council 25 March 2026

Item 8.4

8.4. Planning Proposal for Rural Residential Rezoning at 71 Green Point Road, Millingandi

This report seeks a Council resolution to submit a planning proposal to the Department of Planning, Housing and Infrastructure which seeks to amend the minimum lot size of a site at 71 Green Point Road, Millingandi.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to support the planning proposal to amend the minimum lot size of the site at 71 Green Point Road, Millingandi (Lot 281 DP1048627).

2 That Council endorse submission of the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3. That following Gateway Determination, the planning proposal be placed on public exhibition.

4. That Council endorse, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council.

Executive Summary

This report seeks Council approval to lodge a planning proposal to amend the minimum lot size applying to Lot 281 DP 1048627, 71 Green Point Road, Millingandi under the Bega Valley Local Environmental Plan 2013 (BVLEP 2013)The proposal seeks to reduce the minimum lot size from 5 hectares to 3 hectares to allow a two-lot subdivision on the 6.27 hectare property. The land contains one dwelling and has an existing development consent permitting a second dwelling.The planning proposal has been prepared in accordance with the Local Environmental Plan Making Guidelines (August 2023) and is supported by technical assessments addressing biodiversity, Aboriginal cultural heritage, bushfire, flooding, traffic, effluent management and strategic justification. The proposal is consistent with Council’s Rural Residential Strategy 2020, which identifies this locality as potentially suitable for reduced minimum lot sizes.

Background

Lot 281 DP 1048627, at 71 Green Point Road, Millingandi, is approximately 6.27 hectares and located about 3.5 kilometres north of the Pambula urban area (see Map 1 below). The land has frontage to Merimbula Lake and contains a dwelling and ancillary structures. An application for use of land for a second dwelling, approved by Council under DA 2011.408, has been physically commenced.

Under the BVLEP 2013, the site is zoned C2 Environmental Conservation (foreshore area) and C3 Environmental Management (majority of the site) with a minimum lot size of 5 hectares. At 6.27 hectares, further subdivision is currently not permissible under the LEP controls.

Council’s Rural Residential Strategy 2020 provides strategic direction for the future growth and management of rural residential development. The subject land is identified within the strategy as potentially suitable for rural residential development, where environmental constraints can be appropriately managed.

The proponent has submitted a planning proposal that seeks to amend the minimum lot size from 5 hectares to 3 hectares to enable a two lot subdivision. The proposal is consistent with Council’s Rural Residential Strategy 2020 and is informed by detailed technical assessments.

Council officers have assessed the planning proposal and consider that it demonstrates both strategic and site-specific merit, having regard to the criteria outlined in the NSW Local Environment Plan Making Guidelines (August 2023).

A map of land with a red square

AI-generated content may be incorrect.

Map 1: Location of proposal (red outline)

Assessment of Planning Proposal

STRATEGIC MERIT ASSESSMENT CRITERIA

Does the proposal give effect to the relevant regional plan?

Yes.

The planning proposal is consistent with the South East and Tablelands Regional Plan 2036 direction 28 to ‘Manage rural lifestyles’. It is also consistent with the draft South East and Tablelands Regional Plan 2041 strategy 20.1 to ‘Enable new rural residential development only where it has been identified in a local strategic plan, prepared by Council and endorsed by the department.’

The planning proposal is consistent with Council’s Rural Residential Strategy 2020 as a site outlined in the Merimbula Catchment Area as suitable for rural residential development.

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

Yes.

The proposal is consistent with the future direction of the LSPS planning priority 11 for housing to ‘Protect good quality agricultural land and areas of high scenic and environmental value by rezoning land for urban residential growth in areas identified in Council’s Residential Land Strategy and support rural residential development that aligns with the Rural Residential Strategy 2020.’

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

No.

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

SITE-SPECIFIC MERIT ASSESSMENT CRITERIA

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

Yes.

The proponent has submitted detailed technical assessments addressing biodiversity, Aboriginal cultural heritage, bushfire, flooding, on-site effluent disposal, traffic and access, and land use conflict. These assessments demonstrate that a two-lot subdivision can occur outside identified environmental constraints, including flood prone land, riparian buffers, coastal wetlands and high-value vegetation. Base on submitted documents, it is considered that the proposal is unlikely to have unacceptable adverse impacts on the natural environment of the site or surrounding land.

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

Yes.

Access is via Green Point Road gravel road, a Council maintained public road that connects to the Princes Highway about 700 metres west of the site. At the sites southwestern corner, Green Point Road ends and continues as a private access road with a right of carriage way that services neighbouring properties. Any requirement to upgrade the existing access or road will be considered in the assessment of the development application for a dwelling and/or subdivision of the land. The land is currently serviced with electricity and telecommunications and is not connected to reticulated water or sewerage services.

Given the small scale of the intended two lot subdivision, it is not anticipated that the planning proposal will generate any significant demand on existing social or economic infrastructure such as schools, hospitals or existing retail centres.

Options

Options available to Council are to:

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

2. Not support the planning proposal.

Community and Stakeholder Engagement

Engagement undertaken

Pre-lodgement consultation has been undertaken with various Council officers in addition to Transport for NSW, Heritage NSW, NSW Rural Fire Service, NSW Department of Primary Industries – Agriculture, NSW Department of Primary Industries – Fisheries and NSW Department of Climate Change, Energy, the Environment and Water.

Engagement planned

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

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

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

Financial and Resource Considerations

The planning proposal has been prepared by the applicant and the applicable fee of $18,575 has been received in accordance with Council’s adopted Fees and Charges 2025/26. Any additional costs incurred for advertising of the planning proposal will be met by the applicant.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal is consistent with the South East and Tablelands Regional Plan 2036, the Draft South East and Tablelands Regional Plan 2041, the Bega Valley Community Strategic Plan 2040, the Bega Valley Shire Local Strategic Planning Statement, and Council’s Rural Residential Strategy 2020.

Environment and Climate Change

The planning proposal supports future rural residential growth while having regard to environmental and climate change considerations.

Economic

The planning proposal supports provision of additional rural residential supply and responds to market demand. There are no significant impacts on existing infrastructure or industries, including oyster aquaculture, as supported by technical assessments submitted with the planning proposal.

Risk

The planning proposal is consistent with the recommendations of the adopted Rural Residential Strategy 2020 and does not introduce any new risks to Council.

Social / Cultural

The planning proposal supports additional rural residential opportunities, addressing housing choice and meeting community expectations for rural living in appropriate locations.

Attachments

1 ⇩. Planning Proposal PP-2025-2393

Council 25 March 2026

Item 8.5

8.5. Endorsement of Minor Amendments Planning Proposal 2026

This report seeks a resolution of Council to support a planning proposal for minor amendments to the Bega Valley Local Environmental Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Support a planning proposal to implement several minor amendments to the Bega Valley Local Environmental Plan 2013.

2. Authorise Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3. Authorise Council officers, subject to the conditions of the Gateway Determination (including public exhibition) and providing no substantial changes to the planning proposal are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council.

Executive Summary

This report seeks Council’s resolution to support a planning proposal to make minor amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). These proposed amendments have no significant or strategic impact and are considered suitable for inclusion in a ‘minor amendments’ planning proposal.

This Council initiated planning proposal (Attachment 1) results from the need to amend BVLEP 2013 to update mapping, correct inconsistencies and make several minor administrative amendments.

Background

The planning proposal aims to:

1. Remove heritage listing from Pretty Point Bridge, Wyndham

2. Update Place Name from Mumbulla Mountain to Biamanga in the Biamanga National Park, Mumbulla Mountain

3. Align minimum lot size and floor space ratio maps with lot boundaries in Warbler Circuit, Bega

4. Align zoning map with lot boundaries in Bowlers Drive, Merimbula

5. Apply zone C1 to additional reserved land in Nadgee Nature Reserve, Wonboyn

6. Align floor space ratio map with land zoning map and lot boundaries for Lot 229 DP 1006810, Mirador Drive, Mirador

7. Delete clause 6.10 relating to development of certain land at Sapphire Coast Drive and Tura Beach Drive, Tura Beach

8. Update property details for items 8 and 18 of Schedule 1 ‘Additional permitted uses’ on land at Merimbula Drive, Merimbula

9. Amend Schedule 2 ‘Exempt development’ to permit the temporary use of land for commercial fitness training and kiosks on certain public land as exempt development

10. Amend Schedule 2 ‘Exempt development’ to permit certain farm dams as exempt development

11. Amend Clause 6.20 ‘Adaptable housing’ to clarify that the provisions only relate to new development

12. Add ‘Dual Occupancies’ as a use that is permitted with consent in the C3 Environmental Management zone

The rationale and impact of each change is explained in the planning proposal at Attachment 1.

Strategic merit assessment criteria

The planning proposal:

· is not inconsistent with the draft South East and Tablelands Regional Plan 2042

· is not inconsistent with the Bega Valley Shire Local Strategic Planning Statement

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

Site-specific merit assessment criteria

The planning proposal does not include provisions that will unreasonably:

· increase the likelihood of additional impacts on the natural environment or other affected land

· increase the likelihood of additional impacts to existing uses, approved uses, and likely future uses of land in the vicinity

· impact services and infrastructure that are or will be available to meet demand.

This planning proposal is the eighth minor amendments (or housekeeping) planning proposal prepared by Council since the gazettal of BVLEP 2013.

Options

This report recommends that Council support the planning proposal to make minor, but important amendments to BVLEP 2013. These changes are important to ensure that BVLEP 2013 meets the requirements of landowners, the wider community and Council’s strategic directions. This is the recommended approach.

Council could choose not to make these changes, however the inconsistencies and issues would remain as there is no other avenue to make the proposed changes other than through the planning proposal process. This is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

No community consultation has yet been undertaken, however public exhibition will be undertaken in later stages of the project.

Engagement planned

Community consultation for this planning proposal will be consistent with the requirements of the Bega Valley Shire Community Engagement Strategy, being a minimum exhibition timeframe of 28 days or as specified by the Gateway Determination.

Public exhibition of the planning proposal will include notification on Council’s website.

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

Financial and Resource Considerations

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

Legal /Policy

The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (August 2024).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal is consistent with the South East and Tablelands Regional Plan 2036, Bega Valley Community Strategic Plan 2024, and the Bega Valley Shire Local Strategic Planning Statement.

Environment and Climate Change

The planning proposal is largely administrative in nature and will not materially increase the risks associated with climate change or result in any significant impacts on the environment.

Economic

The planning proposal is largely administrative in nature and will not result in any significant positive or negative economic impacts.

Risk

The planning proposal seeks to address a broad range of risks to Council and the broader community by removing inconsistencies within schedules and ensuring correct property attributes and zonings.

Social / Cultural

The planning proposal is largely administrative in nature and will not result in any material positive or negative social or cultural impacts.

Attachments

1 ⇩. Minor Amendments Planning Proposal 2026

Council 25 March 2026

Item 8.6

8.6. Tura Beach and Cobargo Flood Studies

This report seeks Council’s endorsement of the recently completed Tura Beach and Cobargo Flood Studies.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council endorses the findings and recommendations of the Tura Beach and Cobargo Flood Studies (Attachment 1 and 2) as the best available flood information and interim measures; and that the studies are used in the development of subsequent floodplain risk management studies and plans, strategic land-use planning, infrastructure asset planning and emergency response planning.

2. That these Flood Studies be published on Council’s website and provided to Council’s Local Emergency Management Committee (LEMC) for information.

Executive Summary

In early 2024, Council adopted the ‘Increase Housing Diversity and Affordability’ Planning Proposal, which was Gazetted on 5 July 2024. However, due to the lack of contemporary flood data for the Wolumla and Cobargo Villages and the Tura Beach urban area, changes to residential density were not supported by the Department of Planning, Housing and Infrastructure for inclusion in the Planning Proposal.

Council subsequently commissioned Flood Studies for Tura Beach and Cobargo to address this data gap for Council. Now that these studies are complete, the information can be used to support the drafting of a further Planning Proposal that aims to apply the Housing Diversity Provisions to these areas.

The Tura Beach and Cobargo Flood Studies provide the best available flood information on flood behaviour in the studied catchments. They will form the key technical documents for any subsequent Floodplain Risk Management Study and Plan (FRMSP). The flood study findings will allow for improved strategic land-use planning, infrastructure asset planning and emergency response planning.

Background

In early 2024, Council adopted the ‘Increase Housing Diversity and Affordability’ Planning Proposal, which was Gazetted on 5 July 2024. The issue of flood hazard was a major concern for state agencies in areas where Council was seeking to allow intensification of development. To address this concern, the Planning Proposal and subsequent amendments to Council’s Comprehensive Local Environmental Plan (2013) were map based, as opposed to zone based.

Council’s Strategic Planning team had intended to include Wolumla, Cobargo and Tura Beach in the Planning Proposal as key residential areas within the shire that could reasonably accommodate increased housing diversity. However, due to the lack of contemporary flood studies to inform the potential flood risk to these areas, the Department of Planning, Housing and Infrastructure determined not to support the inclusion of these areas in the final Planning Proposal and Gazetted amendment to the CLEP (2013) until contemporary flood analysis had been conducted.

Council was in the process of preparing the Wolumla Flood Study at the time of adopting the 2024 Planning Proposal. However, the modelling and data outputs were not sufficiently advanced at that stage to provide an appropriate level of flood hazard and risk data to inform the Planning Proposal.

Staff are now proposing to proceed with a further Planning Proposal that will seek to apply the ‘Increase Housing Diversity and Affordability’ provisions to the Wolumla, Cobargo and Tura Beach areas. To underpin this Planning Proposal the recently completed Wolumla Flood Study will provide an appropriate level of data to support the Wolumla Village and expansion areas inclusion in this new Planning Proposal.

To address the data shortcomings with regard Cobargo and Tura Beach, Council’s Environment and Sustainability team have overseen the development of Flood Studies for Cobargo and Tura Beach. Rhelm were appointed as specialist flood consultants to prepare the flood studies in alignment with the NSW Flood Management Manual.

There have been no previous studies defining flood behaviour in either the Cobargo or Tura Beach catchments. Flood modelling for these studies is consistent with the most recent version of Australian Rainfall and Runoff 2019 (Version 4.2) and the assessments are consistent with the guidance included in the NSW Flood Risk Management Manual (DPE, 2023).

The objectives of this study are to improve understanding of flood behaviour, its impacts and to provide a basis for informing management of flood risk in the study area.

To ensure the accuracy of the flood models used in this project Council engaged local surveying company TA Project Services to survey the size of key bridges, culverts and pipes within the Tura Beach and Cobargo areas. This information is critical in ensuring that the flood model developed by Rhelm could realistically reflect local conditions.

Following extensive sensitivity testing, the models and mapping outputs were completed in 2025. Council received the Flood Study Reports (Attachment 1 and 2) in late 2025. Both reports provide sufficient data to inform a further Planning Proposal for these residential areas as discussed above.

The resultant mapping from the Cobargo Flood Study for the 1% Annual Exceedance Probability (AEP) (commonly referred to as a ‘1 in 100’) event highlighted that the majority of the flood flow is contained within Narira Creek or its adjacent floodplain. The modelling reflected the 2025 flash flood event highlighting the town park and adjacent community building being subject to flood risk in the 1% AEP event. There were small areas of overland flow highlighted, but only of minor depth which would not constrain the future development of these areas. Importantly the majority of the Cobargo Village will be suitable for inclusion in a new Planning Proposal to ‘Increase Housing Diversity and Affordability’.

Similarly with regards Tura Beach, the main flood flows are contained within the existing drainage lines south of Surf Circle, within the Tura Beach Golf Course, the gully south of Elizabeth Parade and the Dolphin Cove creeks. Outside these defined drainage lines there is modelled overland flow potential for a limited number of existing developed lots that sit above formal stormwater pipe infrastructure. As with Cobargo, the majority of the Tura Beach residential area will be suitable for inclusion in the new Planning Proposal from a Flood risk perspective.

Options

Option 1: That Council endorses the findings and recommendations of the Tura Beach and Cobargo Flood Studies (Attachment 1 and 2) as the best available flood information and interim measures; and that the studies are used in the development of subsequent floodplain risk management studies and plans, strategic land-use planning, infrastructure asset planning and emergency response planning. This is the recommended option.

Option 2: That Council resolve not to endorse the studies. This is not recommended as endorsement is required for the progression of a planning proposal to increase housing diversity and affordability (including smaller minimum allotment sizes and multi dwelling housing) in Cobargo and Tura Beach.

Community and Stakeholder Engagement

Engagement undertaken

As part of the planning and development of the project brief for the Cobargo and Tura Beach projects, there has been extensive internal engagement between the Strategic Planning and Environment and Sustainability teams to ensure the project provides the key data outputs required for the forthcoming planning proposal. Further engagement occurred with Council’s Assets and Operations teams (now called Infrastructure directorate) in relation to infrastructure locations and maintenance programs.

Due to the minor nature of the flood studies, no community engagement was deemed necessary. The Cobargo and Tura Beach communities will have the opportunity to view the Flood Studies which will form part of the public exhibition of the future Planning Proposal.

Engagement planned

It is not proposed to separately exhibit the flood studies due to their minor nature and low level of impact on the community and property owners. They will form part of the public exhibition of the forthcoming planning proposal.

Financial and Resource Considerations

Commissioning these flood assessments totalled $41,762, comprising $18,277 for the survey data and $23,485 for preparation of the Flood Studies by Rhelm. This work was funded from Council’s Environment Levy Reserve.

Legal /Policy

The Cobargo and Tura Beach Flood studies represent the best available data and as such provide Council with limited liability for decisions with regard to flood risk in the areas subject to these studies, in accordance with Section 733 of the Local Government Act 1993. This data will now be used as part of the application of Council’s Flood and Sea Level Rise Policy and will inform and guide land use planning and development decisions in these communities.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The flood planning analysis undertaken for this project is consistent with the following strategies in the Bega Valley Community Strategic Plan 2042 (2025 Revision):

· Ensure growth and change in our towns and villages enhances character that reflects local identity, improves liveability, and supports community needs

· Support opportunities for provision of diverse and affordable housing

The Cobargo and Tura Beach Flood Studies align with the following Council endorsed strategic plans:

· Local Strategic Planning Statement action to identify gaps and/or limitations in flood data and develop flood risk management plans to address identified gaps and/or limitations.

· Residential Land Strategy development principles to increase diversity of housing, promote efficient use and provision of infrastructure and build in hazard protection and climate resilience.

Environment and Climate Change

The Cobargo and Tura Beach Flood Studies reflect contemporary best practice in flood hazard assessment. They incorporate appropriate climate change predictions with regard to changes to rainfall intensity, as documented in the Australian Rainfall and Runoff Guidelines. The studies align with the ‘Preparing for Natural Hazards’ section of the BVSC Climate Resilience Strategy. The data will help inform catchment management and rehabilitation works.

Economic

The hazard data derived from the flood studies will help inform land use planning, development and investment decisions both by Council and private property owners. The data will help inform Council’s Infrastructure team in their long term asset planning, development and maintenance programs.

Risk

The flood studies provide hazard data for the current day, 1% AEP (‘1 in 100’) and Probable Maximum Flood (PMF) flood events. This data provides a sound basis for Council and land owners to make planning, development and investment decisions moving forward.

Social / Cultural

Development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The flood study findings will form the basis of the future strategic planning and asset management decisions, that incorporates the management of social, cultural and economic impacts.

The information derived from the study findings will allow improved community resilience to flood related disasters as the findings will inform future emergency management, strategic land-use and asset infrastructure planning operations.

Attachments

1 ⇩. Tura Beach Flood Report FINAL - January 2026 - Rhelm

2 ⇩. Cobargo Flood Study FINAL October 2025 - Rhelm

Council 25 March 2026

Item 8.7

8.7. Litter Prevention Roadmap

This report presents the draft Litter Prevention Roadmap to Council for consideration and endorsement.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note that a Litter Prevention Roadmap is a foundational document required to apply for further grant funding from the NSW Environmental Protection Agency for litter prevention.

2. Note that delivering against the roadmap is conditional upon successful grant funding.

3. Endorse the Litter Prevention Roadmap to enable Council to apply for further funding.

Executive Summary

Council was successful under Intake 4, Stream 2 of the NSW Environmental Protection Agency’s (EPA’s) Waste and Sustainable Materials (WASM) Litter Prevention Grant. The grant funds the development of strategic plans and strategies to develop Council’s capacity in delivering future litter prevention activities.

A Litter Prevention Roadmap has been developed as the foundational document detailing Council’s commitment to achieving litter prevention targets set by the NSW Government. The roadmap is a required output of the Litter Prevention Grant. It is also a pre-requisite for applying for further grant funding to deliver the actions proposed in the roadmap.

The roadmap has been developed in close partnership with the NSW EPA. Several Council departments have contributed to the roadmap including Waste and Recycling, Planning and Sustainability, Certification and Compliance, Works and Projects, and Parks, Aquatics and Recreation. Community representatives have also been consulted.

Council intends to apply for further grant funding under Intake 5 Stream 3 of the Waste and Sustainable Materials Litter Prevention Grant. This is the final funding round with applications closing 30 March 2026. Council’s application is advanced and near final, with the adoption of the roadmap the final step. Funding announcements are expected late 2026. Council is eligible for up to $430,000 of funding provided it meets pre-requisite criteria, including having an endorsed Litter Prevention Roadmap.

Background

The Bega Valley Shire has a litter problem, with Council spending more than $1.9million per year in litter clean-up activities. Data provided by the NSW EPA’s Litter Prevention Unit indicates the shire has a particular issue with coastal litter ending up in the ocean and waterways. The community has clearly expressed its desire to conserve the environment and provide for a clean and sustainable lifestyle, reflected in the Community Strategic Plan 2042 vision statement.

Further, consistent feedback from community identifies there are numerous litter hotspots in towns and natural settings with an expectation that Council should lead efforts to address the situation. This is evidenced by the outcome of community engagement conducted whilst preparing the Waste Strategy 2025-2035 Resources, Not Waste. This community engagement found litter issues scored the second highest rate of dissatisfaction amongst those surveyed, and undertaking programs to tackle litter was the second highest priority for action.

Whilst Council can demonstrate a commitment to cleaning up litter, there has been little coordinated effort in preventing litter at its source. To build our capacity to tackle litter and set a strategic direction, Council successfully applied for funding under Stream 2 of the NSW EPA’s WASM Litter Prevention Grant. Since April 2025 Council has been developing the core deliverables with the draft Litter Prevention Roadmap now presented to Councillor for endorsement.

Options

In endorsing the Litter Prevention Roadmap, Council would be demonstrating its commitment to meeting the NSW Government’s litter reduction target by 2030, noting that achieving these targets requires further funding support. It would also demonstrate progress towards committed actions outlined in the Waste Strategy and associated sustainable development goals considered in the Community Strategic Plan 2042.

Endorsement allows Council to apply for further funding in the final Intake 5 of the NSW EPA’s WASM Litter Prevention Grant.

Alternatively, Council may choose not to endorse the Litter Prevention Roadmap, in which case Council will only be able to improve its management of litter within its limited existing resources and will not be eligible to apply for further funding.

Community and Stakeholder Engagement

Tackling litter affects and benefits the whole community. The roadmap contains commitments to engage with the whole community through partnerships, coordination, education and enforcement to prevent litter at the source whilst maintaining a commitment to clean up litter when it occurs. There is a particular emphasis on engaging with other land managers, businesses, event organisers and volunteers to improve coordination and implement better practices that prevent litter.

Engagement undertaken

Council formed a Litter Prevention Steering Group to guide the development of the roadmap. A public expression of interest called for community leaders to join the steering group and help guide Council’s efforts. Two community members were selected and have participated in meetings and workshops to develop the roadmap.

Engagement planned

No further engagement is planned to endorse the roadmap. However, the roadmap establishes five themes and thirteen initiatives to be delivered over five years with a heavy emphasis on community engagement. Delivering these initiatives will involve extensive community engagement and the development of strong relationships with land managers, businesses and volunteer organisations to undertake litter prevention, pending future funding opportunities.

Financial and Resource Considerations

Section 3 of the Litter Prevention Roadmap provides an investment summary detailing expected costs over the 5-year delivery timeframe. A total expenditure of $801,437 is expected, with grant funding planned to contribute $414,354.

This should be considered against Council’s existing spend on litter clean-up activities, estimated at $1,944,000 per annum. Importantly, delivering the roadmap is contingent on successful grant funding under Intake 5 of the NSW EPA’s WASM Litter Prevent Grants.

A significant proportion of the proposed Council funded spending will be realised as in-kind contributions (estimated to be $165,426) under the future grant, should Council be successful. This is attributed to Council officers from multiple departments participating in litter prevention coordination activities. Much of the remainder of the Council funding is expected to be realised as productivity gains and cost savings from current litter clean-up activities attributed to the Waste and Recycling department.

Item	$ Excl GST
Expenditure Detail
Delivering roadmap themes and initiatives	$801,437
Total Expenditure	$801,437

Source of Funds
Council funds – GL 10855 Domestic Waste Services	$221,657
Council In-Kind Contributions – Multiple GLs	$165,426
Total income available	$387,083

Project Funding Shortfall	$414,354

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs	Council is not committed to funding any activities after the roadmap’s 5-year delivery timeframe
User charges (annual income)	N/A

Legal /Policy

The NSW Government’s Waste and Sustainable Materials Strategy is a holistic waste and resource recovery framework. The NSW EPA’s goals for litter reduction and prevention, including funding support via grants falls under this policy framework.

Council is a significant land manager and is responsible under numerous Acts for the responsible management of land under its care. Limiting environmental harm and providing clean and sustainable amenities are a core responsibility.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Litter Prevention Roadmap has been developed to be intrinsically aligned with the Community Strategic Plan 2042 and the Waste Strategy 2025-2035 Resources, Not Waste. At this time the long-term financial implications have not been adopted in the Long Term Financial Plan. This will occur once Council is assured of further grant funding, with Council finances not significantly impacted until year 4 and 5 of the roadmap’s delivery timeframe.

Environment and Climate Change

Litter is a significant threat to the environment. Ocean litter and its impact on environmental and human health should be a primary concern for all communities, but particularly those coastal communities who rely on our waterways and marine environment for economic productivity and lifestyle amenity. Endorsing the roadmap will allow Council to adopt a sustainable and proactive approach to preventing litter.

Economic

Litter is a complex issue with tangible and intangible impacts, costs and opportunities. Council’s significant spending on litter clean-up activities goes someway to presenting a clean and attractive place, in turn supporting the shire’s marine and visitor economy. However there is little to no direct productivity gain in cleaning up and disposing of litter. Refocusing investment in litter prevention and effectively engaging with land managers, businesses and community, positively influences economic factors, but is difficult to measure.

Risk

The roadmap provides details of delivery risks and mitigation strategies in Section 3. Council’s main financial risks are mitigated by applying for grant funding, with delivery of the roadmap contingent on a successful application.

If the roadmap is not adopted, Council will be ineligible to apply for further funding. A decision not to endorse the roadmap without a viable alternative to improving Council’s management of litter is a reputational risk.

A sustainable, proactive and effective approach to litter prevention addresses Council’s environmental responsibilities and could be considered a mitigation to Council’s environmental risks resulting from litter as a land manager and government authority.

Social / Cultural

Litter is a complex issue with broad tangible and intangible impacts. The roadmap seeks to adopt a sustainable and proactive approach, engaging with land managers, businesses and community to prevent litter and it’s social and cultural impacts.

Attachments

1 ⇩. BVSC Litter Prevention Roadmap

Council 25 March 2026

Item 8.8

8.8. Central Waste Facility (CWF) Landfill gas system contract review

This report seeks Council’s endorsement to negotiate the terms of a deed of variation between Landfill Gas Industries Pty LTD (LGI) and Council regarding landfill gas extraction at the Central Waste Facility.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Delegate authority to the Chief Executive Officer to investigate and negotiate the terms of a deed of variation for operation and maintenance of the landfill gas extraction system at the Central Waste Facility.

2. Note that any draft legal agreement or variation to existing contracts will be presented back to Council for further consideration.

Executive Summary

Landfill Gas Industries Pty LTD (LGI) currently operates and maintains the landfill gas system at Council’s Central Waste Facility (CWF) under a contract executed in December 2017. The contract is due to expire in December 2027.

LGI has approached Council and proposed a contract extension with a potential share of the financial return from the ACCUs generated through the project.

Delegation is sought from Council to authorise the Chief Executive Officer to negotiate the terms of a deed of variation proposed by LGI for the gas extraction system at Council’s CWF. The proposed contract variation, if considered acceptable, will be reported to Council for further consideration.

Background

In 2017, Council released a tender for the detailed design, construction, operation and maintenance of the landfill gas collection and combustion system at the CWF. LGI was awarded the contract for a ten‑year term, concluding in December 2027. Under the original agreement, LGI was responsible for the design, installation and operation of the landfill gas extraction and combustion system. In return, the company provided Council with a discounted installation fee and no ongoing operational charges. LGI also retained ownership of 100% of the Australian Carbon Credit Units (ACCUs) generated from the captured landfill gas.

ACCUs are a tradable financial product. They incentivise carbon abatement activities through projects ranging from reforestation to energy efficiency and include landfills. ACCUs are an additional income source for individuals and businesses running ACCU Scheme projects. The CWF Landfill gas extraction and combustion system is a registered project under the scheme. Under the scheme, one ACCU represents one tonne of carbon dioxide equivalent (tCO2-e) that would have otherwise been released into the atmosphere.

ACCUs are held and managed through Australian National Registry of Emissions Units (ANREU) accounts. They can be sold either to the government through carbon abatement contracts or on the secondary market.

At the time the LGI contract commenced with Council, ACCUs were valued at around $10 per unit. Since that time, ACCU values have increased significantly, with current prices averaging around $40 per unit.

With the LGI contract approaching expiry in 2027, LGI approached Council to review the original contractual arrangements and negotiate a deed of variation for extension. Delegation is sought from Council to authorise the Chief Executive Officer to negotiate the terms of a deed of variation proposed by LGI.

Options

Given the original value of the contract, and the potential financial and operational impacts associated with a proposed variation, Council resolution is sought to allow staff to investigate the terms of a potential variation with LGI under delegated authority. The outcomes of these investigations—including any draft variations to Contract 50/17 with LGI—would be reported back to Council for consideration and determination.

Alternatively, Council may elect not to pursue this option. In that case, no further action would be required, and Council would continue operating under the existing contract with LGI until its expiry. Concurrently, Council would proceed to the market for the operation and maintenance of the system under a new, defined-term contract commencing from December 2027. Noting this, if negotiations with LGI prove unsuccessful, this alternate option will serve as Council’s fallback position.

Community and Stakeholder Engagement

Daily operation of the landfill gas extraction and combustion system is a standard component of the CWF site and not controversial in nature. Contractual variations would typically have no impact on the daily operation of the system, and subsequently any engagement is operational in nature.

Engagement undertaken

There has been no formal external engagement undertaken other than operational correspondence with LGI.

Staff from the Waste and Recycling Services team have engaged with Council’s Environment team to explore management options for ACCUs, should they become available to Council through the outcome of the proposed contract negotiations.

Engagement planned

Should Council resolve to proceed with negotiations with LGI, the CEO will formally engage with LGI to negotiate terms of a proposed variation.

The outcomes of any negotiations, including any draft variations to Contract 50/17 with LGI, would be reported back to Council for consideration and determination.

Financial and Resource Considerations

The landfill gas extraction and combustion system is currently operated and maintained at no cost to Council, with LGI recovering its investment through revenue generated from the trading of ACCUs.

As Council has not yet formally initiated a variation to Contract 50/17, nor obtained a formal price proposal from LGI, the financial implications of any alternative operational arrangements cannot be quantified at this stage. Notwithstanding this, Council’s objective is to maintain an arrangement that results in no additional cost to Council.

Should Council resolve to proceed in line with the recommendation of this report, and subsequent negotiations with LGI produce a feasible variation to the existing contract, a further report will be presented to Council outlining the full cost implications of any proposed changes.

Legal /Policy

Council entered a contract with LGI in 2017, following a formal open tender process. The contract is valid for 10 years, expiring in December 2027. There is no provision in the current contract to extend the expiry date under delegation.

Variations to the contract have been executed previously to reflect operational need and market opportunities in Council’s favour, and these have been executed in accordance with the Local Government Act 1993.

A Council resolution is required to delegate permission to the CEO to commence negotiations with LGI and, failing that, explore alternative arrangements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This proposal is aligned with the Waste Strategy 2025-2035 Resources Not Waste theme of ‘Minimise(ing) Environmental Harm from Waste Operations’.

It is consistent with the Community Strategic Plan 2042 Strategy (2025 revision) D.1 which calls on Council to plan and provide for waste, water, sewerage and stormwater infrastructure and services that will meet current and future needs.

Environment and Climate Change

The Federal Government’s Emissions Reduction Fund (ERF) directly supports activities that avoid or reduce greenhouse gas emissions across a range of sectors. These activities include improved waste management practices, energy efficiency upgrades, agricultural and industrial process improvements, and vegetation management. Collectively, these initiatives contribute to lowering Australia’s overall greenhouse gas footprint.

ACCUs provide a measurable environmental benefit by certifying the reduction or removal of greenhouse gas emissions. Each ACCU represents one tonne of carbon dioxide equivalent (tCO₂‑e) that has been either avoided or sequestered through an eligible project.

Landfill gas capture projects, such as the system operating at the CWF, are specifically recognised under the ERF for their effectiveness in reducing methane emissions, a greenhouse gas that is 28-times more potent than carbon dioxide. By capturing and combusting landfill gas, these projects prevent methane from entering the atmosphere, delivering direct and verifiable emission‑reduction outcomes.

The ACCU framework further incentivises these activities by supporting methane capture from landfills, improved waste handling, and the adoption of more energy‑efficient technologies. These measures help reduce emissions that would otherwise contribute to climate change and support Australia’s broader emissions‑reduction commitments.

Economic

Landfill gas capture projects such as the system operating at the CWF deliver substantial economic benefits alongside their environmental value. By generating Australian Carbon Credit Units (ACCUs), these projects create a tangible revenue stream that can offset operational costs, support future infrastructure investment, and improve the long‑term financial sustainability of waste management operations. The sale of ACCUs provides project proponents with predictable income tied directly to verified emission reductions, enabling councils and facility operators to reinvest in upgraded gas extraction systems, improved leachate management, and other site enhancements.

In addition, improved landfill gas management reduces the risk of regulatory non‑compliance and associated penalties, while also lowering long‑term liabilities linked to odour complaints, subsurface migration and legacy emissions. Efficient gas capture systems can also support opportunities for energy generation, which may provide further revenue or reduce on‑site electricity costs depending on the chosen technology.

More broadly, ERF‑recognised activities stimulate economic activity by encouraging innovation in waste handling, supporting specialised engineering and maintenance jobs, and strengthening the circular economy. By monetising emissions reductions through ACCUs, landfill gas projects create a mechanism that rewards best‑practice landfill management while contributing to broader regional economic growth.

Risk

As this report seeks only to obtain delegated authority to negotiate the terms of the existing landfill gas capture contract, the overall risk profile for Council is low. The project is already operational, and the recommendation of this report does not alter technical, environmental or regulatory obligations associated with the system.

Social / Cultural

The social and cultural impacts associated with this recommendation are considered minimal. As the purpose of this report is solely to obtain delegated authority to negotiate the terms of the existing landfill gas capture contract, there are no proposed changes to current operations or service delivery that would affect the community.

Attachments

Nil

Council 25 March 2026

Item 9.1

9.1. Request for Quote (RFQ) 2425-111 Merimbula Ford Park Pavilion Building Design

This report provides an overview of the Request for Quote (RFQ) 2425-111 Merimbula Ford Park Pavilion Design Consultancy Stage 2 Concept design and makes a recommendation for Council’s consideration.

Director Infrastructure

Officer’s Recommendation

1. That the information in the attached confidential memo be received and noted.

2. That Council identify <xxx> as the preferred architect for the works described in RFQ 2425-111.

3. That following the execution of the Deed of Agreement with the Federal Government associated with the Major and Local Community Infrastructure Program Grant, Council enters into a contract with the preferred architect for the works described in RFQ 2425-111 in the amount of <$xxx> (including GST), subject to variations, provisional sums and prime cost items.

4. That authority be delegated to the Chief Executive Officer to engage the preferred architect and execute all necessary documentation in relation to RFQ 2425-111 Merimbula Ford Park Pavilion Design Consultancy.

5. That any variations and amendments be managed under the existing Council financial delegations.

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

Executive Summary

This report is to seek Council’s endorsement of the recommendations as outlined in the attached confidential memo.

On 15 October 2025, Council resolved the following:

That Council shortlist Adriano Pupilli Architects Pty Ltd and Baenziger Coles Pty Ltd, for the Stage 2 works described in Tender RFQ 2425-111 Merimbula Ford Park Pavillion Design Consultancy.

On 31 October 2025, Adriano Pupilli Architects Pty Ltd and Baenziger Coles Pty Ltd were formally engaged by Bega Valley Shire Council to progress to create and present concept designs to key project stakeholder groups. Concept designs were presented to stakeholder groups by the shortlisted architects on 29 January 2026 at the Twyford Hall in Merimbula.

Over 20 stakeholders attended the presentations, providing real-time feedback and valuable insights aligned with their current and ongoing needs. Following the presentations, stakeholders were provided with copies of both architect’s concept proposals and offered a further opportunity to provide formalised feedback, including nominating their preferred design.

This report confirms recommendation of the Tender Evaluation Panel of the preferred architect for this project.

Background

The ‘Merimbula Basketball and Netball Court – Pavilion Renewal and Upgrade Project’ is identified as a priority in Council’s Long-Term Financial Plan.

In April 2025, as part of an election commitment, the Federal Government committed to partnering with Bega Valley Shire Council (BVSC) in delivering this project. Council was subsequently invited to apply for grant funding through the Federal Government’s ‘Major and Local Community Infrastructure Program’ (MLCIP). A grant application was submitted by Council officers on 26 November 2025.

The MLCIP grant program requires the project to commence in the 2025-2026 financial year, including design commencement, with projects to be completed by 2029. The scope of this project is programmed to meet all MLCIP milestones, including detailed design, construction procurement, construction and project completion.

This report finalises the procurement process for RFQ 2425-111 Merimbula Ford Park Pavillion Design Consultancy.

Options

Option 1: Proceed with engaging the recommended architect as outlined in this report.

Advantages:

· Maintains project momentum and continuity.

· Opportunity to retain design intent while achieving cost savings.

· Builds on existing tender evaluation and due diligence.

· Allows for quicker resolution and contract execution.

This is the recommended approach as it presents the best outcome for council and will meet project deadlines and scoped requirements of the project funding deeds.

Option 2: Council reject the recommendation and undertake a redesign or scope reduction of the project. A second procurement process would then need to be undertaken.

Disadvantages:

· Significant delays to project delivery due to redesign and re-tendering.

· Additional costs associated with redesign and procurement.

· Risk of similar pricing outcomes if market conditions remain unchanged.

· High likely hood the project would not be able to meet the requirements of the funding program.

· Loss of project momentum and community confidence.

This is not the recommended approach due to timeline risks and waste of resources.

Community and Stakeholder Engagement

Engagement undertaken

In late 2024, a stakeholder user group was formed for the ‘Merimbula Basketball and Netball Court – Pavilion Renewal and Upgrade Project’ to understand current and future user needs, the functional requirements of the building and opportunities for shared spaces within the sports precinct. This information was utilised to inform the concept design brief and included in the Request for Quote to inform the the requirements of the building design. The stakeholders included the following:

· Merimbula Basketball

· Merimbula Netball

· Sapphire Coast board riders

· Merimbula Sailboard Club

· Australian Lifeguard Services

· Merimbula Rotary

On 29 January 2026, both proposed concept designs were presented to the stakeholder user groups by the architects. Following the concept presentations, the key stakeholder groups were provided with the concept designs to share with their members to provide further engagement and feedback. Stakeholder groups have since provided formalised feedback on the concept designs and nominated their preferred design.

Engagement planned

Engagement with key stakeholders will be aligned with the Bega Valley Shire Council Community Engagement Strategy 2025-29. This will include regular project updates, and ongoing stakeholder consultation to ensure user functional requirements of the building are taken into consideration during detailed design.

Financial and Resource Considerations

It is anticipated that as the funding had previously been committed, there is very low risk of the funding not being confirmed.

The Guidelines for the MLCIP grant funding include a measure of uncertainty about Council ‘s eligibility to receive funding for works committed before the execution of the formal funding agreement. The design work is a key feature of this project, and therefore it is important that this is factored into the overall scope of the MLCIP grant. BVSC has been advised by the Federal Government that this grant is currently being processed, and that the Deed of Agreement for this funding application is imminent. A contract with the preferred architect will only be entered into once the funding Deed of Agreement has been finalised.

The contract amount for the design and documentation for the preferred architect is identified in the attached Confidential Memorandum and will be added to this Council Resolution if endorsed by Council.

Legal /Policy

The procurement process was undertaken as a Request For Quote (RFQ) on the basis that the expected costs would be less than $250,000 including GST 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.

The upgrade is permissible as development without consent under NSW Legislation State Environmental Planning Policy (Transport and Infrastructure) Division 12 Parks and other public reserves 2.73 Development permitted without consent (3) (vi) amenities for people using the reserve, including toilets and change rooms.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Ford Park is referenced as a campus of the Pambula Sporting complex in the Pambula Sporting Complex Master Plan.

The project is included in the BVSC 2026 Delivery Plan ‘Continue to develop ‘shovel ready’ documentation for priority capital projects- Ford Park Pavilion, Coastal Accessibility Round 2, local playground renewals program’.

The project is included in the BVSC Funding Our Future July 2024 document.

Asset Management

The current pavilion is reaching end of asset life, with a condition rating of 5. The project will renew and improve the aging pavilion and incorporate the renewal of the existing public amenities.

Environment and Climate Change

The site, and building has been used as a recreation facility for many years. As required by Part 5 of the Environmental Planning and Assessment Act 1979, a Review of Environmental Factors will be completed and submitted to Council’s planning department for review and determination.

The new building will be designed and constructed with low maintenance materials with long life spans. The building will be insulated and include passive design for cross ventilation and light penetration to reduce energy consumption. Water saving fittings and low voltage light fittings will also be used to reduce demand placed on both the electricity and water and sewer networks.

Economic

The project will have the following economic benefits:

· Reduced Maintenance Costs: New building and finishes requiring lower long-term maintenance expenses to the building.

· Long-Term Financial Stability: The new building will renew the facility's lifespan, ensure continuous use and expand the user base to all genders.

· The new building will make the site more attractive to host sporting and community events which have the potential generate economic activity.

Risk

The following core risks have been identified and will be managed through the project:

· Reputational: Key stakeholder engagement has taken place since project inception and will continue through design and construction.

· Timeline: The timeframe in the funding deeds is considered manageable. Completion of the procurement process will see the timeframes remain on the current program.

· Financial: The tendered prices are within the current project budget. The construction budget has been considered against the recently completed construction costs of the Pambula Sports Pavilion. Value management can occur during detail design phases with quantity surveyor estimates. Staff are confident this can be achieved while meeting key deliverables of the funding deeds.

Social / Cultural

The new Merimbula Ford Park Pavilion building will provide a safe and inviting space for all users in the local community. With female and male participation rates on the rise within Basketball & Netball clubs, the improvements will provide a welcoming and inclusive facility for both clubs and also visiting clubs from the south coast.

Attachments

1 . RFQ 2425-111 Confidential Memorandum to Councillors (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.

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

2 . Baenziger Coles presentation (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 . Adriano Pupilli Concept Presentation (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 25 March 2026

Item 9.2

9.2. Multi-generational Recreation Area at Surf Circle Tura Beach - Concept Design

This report provides background on the proposed multi‑generational recreation area (MIRA) at Surf Circle, Tura Beach, and seeks Council endorsement to re‑scope the concept design to a district‑level facility.

Director Infrastructure

Officer’s Recommendation

1. That Council endorse Option 3 as outlined in the report, re‑scoping the MIRA concept design to a district‑level facility and prioritising investment in multi‑generational facilities within existing regional‑level recreation areas.

2. That Council delegate authority to the Chief Executive Officer to negotiate with the Pambula Merimbula Lions Club to formalise a Memorandum of Understanding (MOU) that clearly defines each party’s roles and responsibilities for the next stages of the project.

3. That Council delegate authority to the Chief Executive Officer to approve design amendments, including any adjustments required to scale the project from a regional level facility to a district level, to ensure the project aligns with Council’s asset provision and is sustainable for Council’s ongoing obligations.

Executive Summary

The concept design for the multi‑generational inclusive recreation area (MIRA) at Surf Circle, Tura Beach, has been developed by the Merimbula‑Pambula Lions Club. The project was developed from a Community Project Proposal which was provided in principle support by Council in June 2022.

The concept design submitted reflects a regional‑level facility with extensive play, recreation and cultural elements. Progressing the project at this scale would increase the number of regional‑level recreation parks with play spaces in the Bega Valley Shire from four to five, creating additional long‑term financial, maintenance and service‑level obligations. Staff had provided feedback and advice to Merimbula-Pambula Lions Club advising to relate the scale of the project to a ‘district’ level facility.

An assessment of the project in the context of the Recreation Strategy, recreation asset provision and the draft Play space Improvement Plan, highlights that the proposed site does not align with a regional‑level project. Regional level sites are typically co- located with other high-use recreation assets which create a ‘hub’ of facilities, services and activities (sports courts, skateparks, patrolled beach, shops / cafés etc). The ‘multi-generational’ aspect of the project has notable merit. Staff are interested in the outcomes and potentially replicating them to enhance existing regional‑level parks – which are established, high‑use and adequately distributed. This would deliver greater community benefit.

At the same time, there remains a demonstrated need for a district‑level play space in Tura Beach to address local service gaps. Accordingly, a re‑scoped MIRA project at a district scale, coupled with prioritised investment in improving existing regional‑level parks, presents the most effective and sustainable approach to meeting broad community expectations and achieving strategic outcomes.

Background

At the June 2022 Council Meeting, Council resolved to provide in principle support for the proposed multi‑generational, inclusive recreation area at Tura Beach, enabling the proponent (Merimbula-Pambula Lions Club) to progress project development, obtain necessary approvals and seek external funding.

In December 2025, the proponent submitted a concept design and a Review of Environmental Factors (REF) to the BVSC Parks and Recreation team. The REF was provided to BVSC Planning for assessment. The assessment confirms that the project complies with relevant State and local statutory requirements, that any potential environmental impacts are negligible, and that the development would result in an overall improvement to the site.

The concept design proposes a regional‑level facility comprising the following elements:

· A play / recreation space featuring:

o nature play elements

o sensory play (three items)

o graduated spinning activities (three items)

o a play unit with two slides

o a challenge zone with two play items and an obstacle course of approximately six elements

o two trampolines

o six swings

o an intergenerational activity unit with approximately five elements

o a free‑play grassed area

o a multi‑ball court

· Culturally informed design space celebrating First Nations culture

· Shade sails

· An inclusive car park with twenty-four spaces, including two accessible spaces (*existing asset renewal)

· Public amenities incorporating three ambulant cubicles and one family room (*existing asset renewal)

· A recreation area with two barbecue facilities and approximately ten items of furniture (* existing asset – significant provision increases)

· An ‘air‑lock’ (double gate) entry

An Order of Probable Costs estimates the project’s construction cost at $2.09 million, excluding detailed design. Delivering the above regional level scope would be the largest ‘play’/recreation site in the shire by a significant margin.

Progressing this project would increase the number of regional‑level play / recreation spaces in the Bega Valley Shire from four to five, with associated implications for Council’s service provision. It would also expand Council’s long‑term financial obligations.

There is strong community support for the project in its current form. Given the extensive consultation undertaken, there is a significant risk of community dissatisfaction should the concept design not be endorsed.

Parks and Recreation staff have noted that their feedback does not appear to have been fully incorporated into the final design. This may be attributable to misunderstanding during the design process or to the proponent’s preference to retain a scope consistent with a regional‑level facility rather than a district‑level as advised by staff.

Options

Across all options, the Pacific Way play space at Tura Beach remains unaffected. There continues to be a need to provide a facility to meet play space provision in this part of Tura Beach, and with this in mind there is certainly merit in proceeding with a project. The key question is the scale of it.

Option 1: Proceed with the MIRA concept design as a regional‑level recreation area

· Increases the number of regional‑level play spaces in the shire from four to five.

· Increases long‑term financial obligations.

· Does not align with Recreation Strategy principles requiring regional sites to be co‑located with other facilities.

· Requires substantial investment to deliver in a location unsuitable for regional‑level provision.

Option 2: Re‑scope the MIRA concept design to a district‑level recreation area

· Addresses service gaps in Tura Beach.

· Allows the inclusion of multi‑generational elements, sized appropriately for a district‑level facility.

· Reduces capital expenditure and future financial costs when compared with a regional‑level facility.

Option 3: Re‑scope the MIRA concept design to a district‑level recreation area and prioritise investment of multi‑generational facilities within existing regional‑level parks. This is the recommended option.

· Aligns with planning principles and community expectations for improved, inclusive regional‑level facilities.

· Builds on existing, well‑located, high‑use sites that are co‑located with other recreation infrastructure.

· Ensures that regional‑level investment provides the greatest community benefit.

· Enables the MIRA project to progress as a smaller district‑level facility (Option 2).

Option 4: Defer the MIRA project

· Does not address the existing service gaps in Tura Beach.

· Does not respond to emerging community expectations for provision of recreation facilities in the area.

Community and Stakeholder Engagement

Engagement undertaken

The Merimbula‑Pambula Lions Club undertook community consultation using surveys, with approximately 370 participants contributing to the development of the concept design.

The Bega Local Aboriginal Land Council was consulted between June and October 2024 and has provided a letter of support for the project.

The Access and Inclusion Advisory Committee was also consulted and has provided a letter of support for the project.

Parks and Recreation were consulted in March 2025 and provided feedback on the concept design, noting the need to scale the facility from a regional‑level play space to a district‑level to align with Council’s future provision requirements and renewal obligations.

Consultation was also undertaken with Council staff regarding the sewer pump, excavator beach access and the carpark design.

Engagement planned

Council will support the Merimbula‑Pambula Lions Club during the project by providing community updates through Council’s communication channels. The Merimbula‑Pambula Lions Club will continue to engage key stakeholders throughout the ongoing development of the project.

Financial and Resource Considerations

An Order of Probable Costs estimates the project’s construction cost at $2.09 million, excluding detailed design.

Item	$ Excl GST
Expenditure Detail
Detailed design	$50,000
Construction	$2,090,000
Total Expenditure	$2,140,000

Source of Funds
<approved budget\|revenue funded>	0
<grant income\|name of grant>	0
BVSC SV - Asset Renewal and Services proposed 2029FY	$150,000
Total income available	$150,000

Total Project Capital Cost	$2,140,000
Total Available Funding	$150,000
Project Funding Shortfall	$1,990,000

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$2,140,000
Annual maintenance and operational costs	$5,000
Depreciation costs	$107,000 per annum
User charges (annual income)	Not applicable

Legal /Policy

A community organisation delivering an asset on council land is legally complex because councils remain responsible for public safety, asset compliance, and proper governance.

The main categories of legal risk are described in the table below. These legal risks can be mitigated through the development of a Memorandum of Understanding (MOU) between Council and the Merimbula‑Pambula Lions Club.

Category	Description
Compliance with Council policies, process and approvals	NSW councils require community‑led infrastructure projects to go through a structured assessment and approval process.
Duty of care and negligence exposure	Incorrect installation or non‑compliant materials may expose councils and community groups to liability, requiring strict oversight.
Compliance with Australian standards	Non‑compliance can delay handover, require rectification, increase liability exposure, trigger regulatory scrutiny, and obliges councils to enforce standards once assets transfer.
Governance requirements under the Local Government Act	Arrangements with community groups must meet governance requirements to avoid conflicts, ensure compliant asset creation, and prevent scrutiny.
Contracting, insurance & risk allocation	Inadequate insurance may prevent project approval and can expose councils and community groups to significant financial or legal risk.
Workplace health & safety (WHS) obligations	Undertaking construction without required WHS controls can expose volunteers and councils to regulatory action, penalties, and compliance risks.
Asset handover & long-term maintenance	Non‑compliant or poorly documented assets may be refused, require rectification, or create unsustainable maintenance and budget impacts.
Funding, procurement & financial accountability	Mismanaged funds or procurement can breach council financial policies, trigger audit concerns, and delay or prevent project approval.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project is not currently included as a project in the Delivery Plan 2025-2029. Staff resources are presently allocated to other focus projects.

As part of the recent annual review of the Delivery Plan, the project was submitted for consideration, with a proposed construction budget of $300,000 in 2028-29. This acknowledges the draft Play space Improvement Plan and identifies a need for Council to prioritise investment in locations with existing service gaps, particularly within the Tura Beach area. This includes $150,000 in BVSC reserve funding and $150,000 in anticipated external grant funding. The BVSC funding allocation demonstrates a commitment to the project and can act as seed funding for external funding application.

Public amenities and car park works would be considered asset renewals, which have programmed allocations in the draft in the draft long Term Financial Plan.

The project is consistent with the Community Strategic Plan:

Theme D – Infrastructure

Strategic objective: Our public and private infrastructure and community services meet community needs

Strategy D.1: Provide infrastructure and services to meet the needs of residents in out towns, villages and rural areas.

Strategic objective: Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.

D.4. Plan for, develop and maintain sport and recreation spaces and facilities.

D.5. Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility to our natural environment

Environment and Climate Change

The concept design and assessed Review of Environmental Factors confirms statutory compliance, negligible environmental impacts and overall site improvement.

Economic

The project’s capital cost is estimated at $2.1 million. This will commit Council to annual increase in operating expenditure and depreciation of approximately $112,000, and a renewal cost in 20 years that will depend on construction price escalation and depreciation rates on the different elements withing the broader project.

Risk

Progressing this project would increase the number of regional‑level parks in the Bega Valley Shire from four to five. Existing regional facilities include Bega Park, Ford Park in Merimbula, Taylor Square-Joe Caddey Park in Tathra, and Barclay Street in Eden. These facilities are co‑located with other recreation infrastructure, making them suitable locations for regional‑level, multi‑generational recreation and play space activities.

By contrast, the MIRA project site is not co‑located with complementary recreation facilities and is therefore not an ideal location for regional‑level infrastructure. From an investment and service‑planning perspective, it would be more effective to enhance the existing regional parks to provide multi‑generational recreation opportunities. These sites are established, well‑used and appropriately distributed across the shire.

Under this approach, the MIRA project could be delivered as a district‑level play space, consistent with other district‑level facilities such as Apex Park in Bermagui. This would not preclude the inclusion of multi‑generational elements; however, the scale of facilities would be reduced to align with district‑level service provision.

Investment in improving the existing regional parks would enable Council to meet community expectations for more inclusive, high‑quality regional‑level facilities. At the same time, there remains a clear need for a district‑level play space in Tura Beach to address identified service gaps.

Social / Cultural

The project will enhance community wellbeing, strengthen social cohesion and improve local liveability across the surrounding area.

Attachments

1 ⇩. Multi generational Recreation Area (MIRA) Tura Concept site plan 21 Dec 2025

Council 25 March 2026

Item 9.3

9.3. Bega Valley Local Transport Forum 3 March 2026

This report provides the recommendations of the Bega Valley Local Transport Forum (LTF) meeting held on 3 March 2026.

Director Infrastructure

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTF meeting held on 3 March 2026 as outlined below:

Eden Safe System Assessment- Imlay Street, Eden

1. Proceed with Option 2 of the Eden Safe system assessment (subject to available funding) – Install two at‑grade zebra crossings, incorporating the updated concept design (kerbside accessible parking to AS 2890.5, compliant kerb ramps to AS 1428.1, and a centre median island with kerb extensions).

Auckland Street / Newtown Road Intersection – Line of sight assessment

2. Establish a 60‑metre No Stopping zone on the northeast side of Newtown Road, starting from the Auckland Street / Newtown Road intersection. The No Stopping (R5‑400) sign is to be installed at the property boundary between 188 Newtown Road and 194 Newtown Road, at the location shown in the attachment.

Update to Transport Forum Protocols

3. That council endorses the attached updated Local Transport Forum Protocols.

4. That Council notes that minutes and agendas of the LTF meetings will be made publicly available on Council’s website, as required by the Authorisation Delegation instrument to Councils establish by Transport for NSW in August 2025.

Executive Summary

The LTF is an advisory body incorporating technical review and is not a decision-making committee 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 the LTF prior to action being taken.

It is a requirement for minutes and agendas of the LTF meeting to be made publicly available as soon as practicable.

Background

The following submissions for Council action were received at the LTF meeting held 3 March 2026:

1. Eden Safe System Assessment – Imlay Street - Eden (report and concept design attached)

The Safe System Assessment (SSA) undertaken by Stantec evaluated four options for improving pedestrian safety along Imlay Street, Eden. The assessment considered exposure, likelihood and severity across relevant crash types, alongside additional Austroads Safe System considerations. This review summarises the options and considerations, records Council’s August 2022 resolution, and confirms the preferred option and concept design refinements.

Summary of options considered

Option 1 – One at‑grade zebra crossing:

· Formalises the northern midblock crossing closest to Eden Public School.

· Delivers a modest improvement in safety at low cost and minimal delay.

Option 2 – Two at‑grade zebra crossings:

· Formalises both existing midblock crossing points to improve conspicuity and consistency.

· Provides greater combined safety benefit than Option 1 with strong cost‑effectiveness.

· Maintains existing heavy vehicle routing on Imlay Street (no risk transfer to adjacent streets).

Option 3 – Two raised (wombat) crossings:

· Installs raised platforms at both midblock locations to reduce operating speeds.

· Provides substantial safety improvement at higher cost and with slightly higher delays.

Option 4 – Raised crossings + heavy vehicle bypass:

· Implements Option 3 and diverts heavy vehicles via Mitchell Street, Calle Calle Street and Bass Street, with a new roundabout at Imlay/Bass.

· Reduces risk on Imlay Street but increases heavy vehicle exposure on Calle Calle Street (school frontage), requiring further mitigation.

Key technical and safe system considerations

· Existing non‑standard midblock markings create uncertainty for drivers and pedestrians.

· The 50 km/h speed environment exceeds Safe System thresholds for vulnerable road users.

· Parking (kerbside and median) affects sight distance and crossing conspicuity near desire lines.

· Heavy vehicle movements through the town centre are a key factor; rerouting transfers risk to school‑frontage streets.

Council Resolution (August 2022)

Council resolved in August 2022 to progress Option 2 (two at‑grade zebra crossings). This decision reflects the SSA findings, cost‑benefit performance and the need to improve pedestrian priority at key desire lines without transferring risk to adjacent streets.

Preferred option – Option 2

Considering the SSA outcomes, Safe System considerations, network operations, delivery risk and adopted strategies, Option 2 remains the most preferable and appropriate option for Imlay Street.

· Balanced safety improvement: addresses both high‑use midblock crossings and delivers greater risk reduction than Option 1.

· Cost‑effective: maintains the strongest indicative cost‑benefit ratio among low‑impact treatments.

· Network suitability retains Imlay Street as the primary heavy vehicle route, avoiding added exposure near the school.

· Strategic alignment: supports the BVSC Active Transport Strategy focus on safer crossings and improved pedestrian priority in Eden.

Updated concept design elements for option 2

Updated concept design elements for Option 2 (as shown in Figure 11 – Page 19 in SSA Report attached) include:

· Relocation of accessible parking spaces from the centre median to kerbside in accordance with AS 2890.5 (dimensions and layout to standard).

· Kerb ramps designed and constructed in accordance with AS 1428.1 to ensure accessible connections to the crossings.

· A centre median island with kerb extensions at the midblock crossing to reduce crossing distance, improve visibility and aid speed management.

Discussion:

It was requested that the Option 2 Accessible Parking relocation proposal be referred to the Access and Inclusion Advisory Committee for comment prior to finalising the Concept Design.

2. Auckland Street / Newtown Road Intersection – Line of sight assessment

BVSC have received several customer complaints on the line-of-sight issues and ongoing lack of visibility and safety concerns at the intersection of Auckland Street and Newtown Road, Bega, caused by minibuses and other long term parked vehicles.

The recommendation was proposed due to the geometric characteristics of the intersection (horizontal curvature on Newtown Road and vertical elevation change on Auckland Street), combined with consistently high parking occupancy and community reported near misses.

Discussion:

It was requested that the surrounding community affected by the recommendation below be informed on what has been agreed.

3. Update to Transport Forum Protocols

Council received feedback from TfNSW on the LTF protocols and prepared a document for LTF review. This was endorsed by the LTF at the February 2026 meeting to go to Council for final endorsement.

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

Council’s Transport and Drainage Planning Engineer has been in discussion with various staff and community members.

Engagement planned

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

Following the proclamation of the TfNSW Authorisation and Delegation Instrument – Prescribed Traffic Control Devices and Regulation of Traffic on 1 August 2025, additional administration and record keeping requirements were applied to Local Transport Forums.

Section 4 Keeping of Records states:

(a) The proceedings of the Local Transport Forum must be recorded and made public as soon as practicable.

(b) A post facto record of any use of the prescribed traffic control device authorisation (excluding any instance that has already been the subject of prior referral per condition 3) must be tabled at the Local Transport Forum as soon as practicable and no later than three (3) months after the fact.

Relevant Council staff members involved in providing secretariat and technical support to the LTF were provided training (delivered by TAFE NSW) on 9 December 2025.

The minutes of the LTF report held 3 March 2026 are attached to this report. Future LTF minutes will then be appended to the corresponding report to Council according to the current Authorisation and Delegation Instrument requirements.

The minutes of the LTF meetings from 1 August 2025 to date, can be found on Council’s website at Local Transport Forum Bega Valley Shire Council

Financial and Resource Considerations

The financial and resource considerations associated with this report from the above zebra crossing and associated treatments will be subject to funding. The signage request for Auckland / Newtown Road will be delivered through the adopted works maintenance budget.

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 no environmental impacts climate change implications associated with this report.

Economic

There are minor positive economic impacts associated with the approval of this report from improved pedestrian access.

Risk

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

Social / Cultural

There are some minor improved social/cultural outcomes associated with the approval of this report from improved pedestrian access.

Attachments

1 ⇩. Safe Systems Assesment (SSA) Report- Imlay Street Eden

2 ⇩. Imlay Street- Accessible Parking Spaces Relocation Concept Design

3 ⇩. Newtown Road, Bega- No Stopping zone

4 ⇩. Bega Valley Local Transport Forum (LTF) updated protocols (version 3)

5 ⇩. LTF Minutes of meeting 3 March 2026

Council 25 March 2026

Item 9.4

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

This report provides the previously adopted minutes for the following Section 355 Committee meetings: General Sportsground Committee meeting held on 25 August 2025, General Hall Committee meeting held on 18 November 2025, Montreal Goldfields Committee meeting held on 20 November 2025, General Cemeteries Committee meeting held on 2 December 2025, Access and Inclusion advisory Committee (AIAC) meeting held on 18 November 2025, and Bega Eden Merrimans (BEM) Committee meeting held on 30 September 2025.

Director Infrastructure

Officer’s Recommendation

That Council receive and note the report and attached minutes of the following Section 355 Committee meetings:

· General Sportsground Committee meeting held on 25 August 2025

· General Hall Committee meeting held on 18 November 2025

· Montreal Goldfields Committee meeting held on 20 November 2025

· General Cemeteries Committee meeting held on 2 December 2025

· Access and Inclusion Advisory Committee (AIAC) meeting held on 18 November 2025

· Bega, Eden Merrimans (BEM) Committee meeting held on 30 September 2025

Executive Summary

This report provides the minutes from the following Section 355 Committee meetings: General Sportsground Committee meeting held on 25 August 2025, General Hall Committee meeting held on 18 November 2025, Montreal Goldfields Committee meeting held on 20 November 2025, General Cemeteries Committee meeting held 2 December 2025, Access and Inclusion advisory Committee (AIAC) meeting held on 18 November 2025, and Bega Eden Merrimans (BEM) Committee meeting held on 30 September 2025. These are provided for information only.

Due to the meetings being held quarterly the minutes are confirmed three months in arrears and reported at the next available Council meeting. It is noted that the General Sportsground Committee met on 24 November 2025, however as there was not a Quorum available to confirm the minutes from the August 2025 meeting, this confirmation was carried over February meeting.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 9 October 2024 Council established various committees, groups, and panels, following the Mayoral Election. The appointment of volunteer representatives to community sportsground committees including Section 355 General Sportsground Advisory Committee were included in the 18 December 2024 and 21 May Council reports.

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.

General Sportsground Committee

The current BVSC sportsgrounds management structure was established in 2016. The intention of the Section 355 General Sportsground Advisory Committee is to consider matters that relate to sporting facilities management in a Shire wide context. Roles and responsibilities include:

· Making recommendations to Council on any aspect of sportsground management and/or sportsground operations

· Making recommendations to Council on appropriate fees and charges structures for sportsgrounds

· Advising Council of the membership of individual sportsground community committees

· Recommend financial allocations for individual sportsgrounds from Council funds and/or funds from other sources

· Establishment of working groups or special task groups where required and report back to the committee.

General Community Halls Committee

The General Community Hall Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

A motion was passed by the S355 General Community Hall Committee at its June 2025 meeting to: Encourage Councillors to establish regular series of community engagement sessions using halls as the preferred location.

Appropriate session lead times are vital to ensure venue availability, Councillor availability and community participation. These sessions would further align with BVSC Community Engagement Strategy and Policy.

Montreal Goldfields Committee

The Montreal Goldfield Management Committee is responsible for the care and management of the Montreal Goldfield site. The committee plays a key role in conserving the environmental and cultural heritage of the site.

General Cemetery Advisory Committee

Council manages fourteen cemeteries across the shire. The committee is comprised of a diverse membership who work in partnership with council to bring about improvements to the management of council’s cemeteries.

Bega Eden Merrimans (BEM) Aboriginal Liaison Committee

The Local Aboriginal Land Councils and Bega Valley Shire Council have established the Bega Eden Merrimans (BEM) Aboriginal Liaison Committee as part of our commitment to work in partnership.

Committee members work together to achieve the objectives outlined in the Memorandum of Understanding as part of the journey of Aboriginal, Local Government and community reconciliation.

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.

Options

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council’s committees were sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. The opportunity to participate in the committees was advertised via local newspapers, Council’s website, Council News and Facebook page.

Engagement planned

The Section 355 Committees will be advised that the meeting minutes have been reported and noted by Council.

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 and reported to Council when filled.

Financial and Resource Considerations

There are no financial or resource considerations associated with the recommendation of this report.

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council.

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

The following task is identified in the Core Business section within the Parks Aquatics and Recreation section of the Delivery Program 2022-25 + Operational Plan 2023-24:

Coordinate with community groups, committees, and volunteers to oversee the management and maintenance of community sporting and recreation facilities

Environment and Climate Change

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

Economic

Volunteer committees play an integral part in the management sporting facilities that would otherwise fall to Council. In this respect there is a positive economic dividend by supporting this activity.

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 management and administration of Council facilities used by the community. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council.

Attachments

1 ⇩. S355 General Sportsground Quarterly Committee Meeting minutes 25 August 2025

2 ⇩. S355 General Community Hall Committee Meeting Minutes 18 November 2025

3 ⇩. S355 Montreal Goldfield Committee Meeting Minutes 20 November 2025

4 ⇩. S355 cemetery advisory committee meeting minutes 02 December 2025

5 ⇩. Access and Inclusion Advisory Committee Minutes 18 November 2026

6 ⇩. Bega Eden Merrimans Aboriginal Liaison Committee minutes 30 September 2025

Council 25 March 2026

Item 10.1

10.1. Formalisation of Occupation - Aboriginal Evangelical Church Eden, Lot 105 DP 247132, Moorhead Street, Eden

This report seeks Council’s direction on formalising the Aboriginal Evangelical Church Eden’s occupation of Council‑owned community land by issuing a three‑year licence, consistent with the 30 August 2017 Council resolution.

Director Organisational Services

Officer’s Recommendation

That Council delegates authority to the Chief Executive Officer to execute a three (3) year licence agreement with the Aboriginal Evangelical Church Eden for the occupation of Council‑owned community land at Lot 105 DP 247132, Moorhead Street, Eden, at Council’s minimum annual rental, currently $657.00 plus GST.

Executive Summary

The Aboriginal Evangelical Church Eden occupies Council‑owned community land at Lot 105 DP 247132, Moorhead Street, Eden. While Council resolved in August 2017 to grant a three‑year licence and support reclassification and divestment of the land, the licence was never executed and the planning proposal required to progress the transfer has not progressed.

The Aboriginal Evangelical Church Eden has recently requested that its occupation be formalised. Given the significant time that has elapsed since the 2017 resolution, the matter is being reported back to Council to ensure transparency, good governance and compliance with statutory requirements.

Background

The Aboriginal Evangelical Church Eden occupies Council‑owned community land at Lot 105 DP 247132, Moorhead Street, Eden. At its Ordinary Meeting of 30 August 2017, Council resolved to:

1. That Council approve a three (3) year Licence to Aboriginal Evangelical Church Eden for their occupation of Lot 105 DP 247132 at Moorhead Street, Eden for the annual rental fee of $529.10 (including GST), increased annually by CPI.

2. That Council approve in principle the proposed divestment of Lot 105 DP 247132 at Moorhead Street, Eden to Aboriginal Evangelical Church Eden for the nominal sum of $1.00.

3. That all costs associated with the planning proposal to reclassify the land to ‘Operational’ in order to effect a transfer of ownership of the land, be borne by the Aboriginal Evangelical Church Eden, with Council officers to work with them to identify any relevant funding that may assist with these costs.

4. That authority be given to the Mayor and General Manager to execute the Licence Agreement, Deed and transfer documentation.

Following the Council resolution, a draft licence was prepared and issued but was not executed after the Church asserted “squatters’ rights” and indicated an intention to pursue land reclassification and transfer.

In July 2018, the General Manager endorsed an option to take no further action pending the progression of the planning proposal.

The planning proposal to reclassify the land has not progressed to date, and Council has continued to permit occupation in the absence of a formal agreement.

The Church has recently requested that Council formalise its occupation.

A site diagram of the land is provided above for the information of Councillors. The land has an area of approximately 4,540m2 and is zoned RE2 Private Recreation under the Bega Valley Local Environmental Plan 2013.

Options

The options available to Council are:

1. Proceed with issue of a licence to formalise occupation in accordance with the 30 August 2017 Council resolution (Recommended)

2. Take no further action at this time and continue with the current informal occupation of the Council land.

Community and Stakeholder Engagement

Engagement undertaken

Council officers were contacted by representatives of the Aboriginal Evangelical Church Eden, who requested confirmation of their current tenure arrangements and sought to formalise their occupation of Council‑owned land at Lot 105 DP 247132, Moorhead Street, Eden.

Subsequent discussions with representatives of Eden Local Aboriginal Land Council (LALC) have confirmed that, at this time, there is support to progress a licence agreement only, with no intention to advance the previously contemplated planning proposal.

Given the length of time that has elapsed since the original Council resolution, the matter is being reported back to Council to ensure transparency, clarity and good governance.

Representatives of the Aboriginal Evangelical Church Eden have been advised that the request is being progressed through a Council report for determination.

Engagement planned

Under the Local Government Act 1993 (NSW), if Council agrees to grant a licence over community land for a period of three years, Council is required to:

· Give public notice of the proposed licence (including publication on Council’s website);

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

· Give notice of the proposal to persons who appear to own or occupy land adjoining the community land;

· Give notice of the proposal to any other person who appears to own or occupy land in the vicinity of the community land, where, in the opinion of Council, the land the subject of the proposal is likely to form the primary focus of that person’s enjoyment of community land; and

· Allow a minimum public submission period of 28 days, during which written submissions may be made and must be considered by Council prior to determining the proposal.

Financial and Resource Considerations

If Council resolves to issue a three‑year licence, it is proposed that, consistent with the 2017 Council resolution, rent be charged at Council’s minimum annual rate, currently $657.00 plus GST.

A market rental valuation obtained in 2012 assessed the land‑only rental at $2,500 per annum. As part of the 2017 rental rebate assessment, the Aboriginal Evangelical Church Eden was determined to be eligible for an 89 per cent rebate in recognition of the significant community benefit provided by the organisation. On this basis, the cost of obtaining an updated market rental valuation is not considered warranted.

Legal /Policy

In line with Independent Commission Against Corruption (ICAC) guidelines, Council Property officers have considered whether it is appropriate to enter into direct negotiations with the current occupant. It is recommended that an Expression of Interest (EOI) process not be undertaken for the following reasons:

· The Aboriginal Evangelical Church Eden is a locally based, stand‑alone organisation registered with the Australian Charities and Not‑for‑profits Commission, governed by a voluntary management committee comprising local representatives;

· Aboriginal Evangelical Church Eden constructed the church building using funds raised by the organisation and, while the primary use is for church purposes, the facility is made available to a wide range of community groups and services;

· Council records indicate that Aboriginal Evangelical Church Eden has occupied the site for over 40 years and provides an important and well‑utilised facility for the Eden community, including hosting craft groups, children’s after‑school activities, community meals, and community events such as celebrations and funerals;

· Aboriginal Evangelical Church Eden has been solely responsible for the ongoing maintenance of the church building over this period, and the building is therefore not included within Council’s Building Asset Management Plan; and

· Council Property officers complete annual Pecuniary Interest declarations, and no conflicts of interest have been identified in relation to this matter.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Delivery Plan 2025-2029 identifies as core business the effective governance, management and oversight of Council‑owned assets, including the administration of leases and licences for Council‑owned land and buildings.

The proposed approach to formalising the occupation of Lot 105 DP 247132 through a licence agreement aligns with this core business by ensuring Council‑owned community land is managed in a transparent, lawful and risk‑aware manner. Progressing a formal licence supports Council’s obligations as a custodian of public land, provides clarity and certainty around land tenure, and assists Council to meet its insurance and governance requirements.

Environment and Climate Change

The proposed issue of a three‑year licence to formalise the continued occupation of Lot 105 DP 247132 does not involve any physical works, changes to land use, or intensification of activity beyond the site’s established use. Accordingly, the proposal is not expected to result in any adverse environmental impacts.

Economic

The proposed licence arrangement will provide a modest but ongoing rental return to Council, while recognising the substantial community benefit delivered by the organisation. Formalising the occupation supports the continued operation of a community facility that is utilised by a range of local service providers and community groups, contributing positively to social outcomes and community wellbeing within Eden.

Risk

In determining its direction, Council should have regard to the risks associated with this matter, particularly in relation to Regulatory and Statutory Compliance, Assets and Infrastructure, and Effective Civic Leadership, together with the proposed mitigation measures.

The continued occupation of Council‑owned community land without a formal tenure arrangement presents legal, insurance and compliance risks. These risks can be mitigated by formalising occupation through a licence agreement that clearly defines permitted use, maintenance responsibilities, insurance requirements and indemnities.

Reputational risk may arise if the matter is not managed transparently or in accordance with previous Council resolutions. Reporting the matter back to Council and progressing a decision in line with statutory requirements mitigates this risk and supports Council’s commitment to sound governance and effective civic leadership.

Social / Cultural

The Aboriginal Evangelical Church Eden provides a valuable social and cultural facility for both the local Aboriginal community and the broader Eden community. The church building is used not only for worship but also functions as a community drop‑in facility and is utilised by a range of community groups and service providers, supporting social connection and community wellbeing.

Formalising the organisation’s occupation of the site through a licence arrangement supports the continued delivery of these social and cultural benefits while maintaining appropriate governance and oversight of Council‑owned land.

Attachments

1 ⇩. Council report dated 30 August 2017

Council 25 March 2026

Item 10.2

10.2. Proposed licence for office use of Bega Tennis Courts Clubhouse

The purpose of this report is to seek Council’s consideration of a proposal from the National Rugby League (NRL) to temporarily occupy the upstairs room of the Bega Tennis Courts Clubhouse for office use, and to determine whether Council supports progressing a short‑term licence for this purpose.

Director Organisational Services

Officer’s Recommendation

1. That Council, as Crown Land Manager of Lot: 701 DP: 94051 (Reserve No. 580074), approve the grant of a licence to the National Rugby League for occupation of the upstairs room of the Bega Tennis Courts Clubhouse within the Bega Recreation and Sports Precinct, for an initial term of one (1) year, with two (2) further one‑year options, at an annual rental of $10,000 plus GST, indexed annually in accordance with CPI.

2. That the Chief Executive Officer and Mayor be authorised to execute all documents and take all actions necessary to give effect to this resolution.

Executive Summary

Council has received a proposal from the National Rugby League (NRL) to temporarily occupy the upstairs room of the Bega Tennis Courts Clubhouse for sporting related office use. The space has remained largely vacant for several years and its proposed use would not displace existing tennis activities operating from the ground floor of the facility. The proposal seeks to establish a local office presence to support regional sporting administration and community engagement across the Bega Valley.

Officers have assessed the proposal and consider the use to be consistent with the approved recreational purpose of the site and existing approvals. A short‑term, reviewable licence is considered the most appropriate mechanism, enabling activation of an underutilised Council asset while retaining Council oversight and flexibility. The proposed rental of $10,000 per annum reflects the applicant’s budget, the absence of recent demand for the space, and the community and sporting benefits associated with the proposal.

The report recommends that Council, as Crown Land Manager, approve the grant of a one‑year licence with two further one‑year options, subject to completion of statutory requirements including native title assessment, public notification, and appropriate licence conditions to manage risk and ensure compliance.

Background

Council has received an expression of interest from the National Rugby League (NRL) seeking to occupy the upstairs room of the clubhouse located within the Bega Recreation and Sports Precinct, currently managed by Council as Crown Land Manager (Reserve No. 580074).

The proposal is to establish a local office presence to support sporting and community engagement activities in the region. The applicant has indicated a preference for a 12‑month arrangement, with the option to review and extend subject to suitability.

Council officers have confirmed that there have been no bookings or regular use of the upstairs room of the tennis clubhouse in the past two years. The downstairs area continues to be used by tennis group users; however, the upstairs room has remained largely vacant.

This information supports the view that the proposed use would not displace an existing user group or adversely impact current sporting activities.

The clubhouse is located on Council‑managed Crown land, and any formal occupation requires Council approval. Given the nature of the proposal, officers consider that a short‑term licence of up to 12 months (with options to review and extend, e.g. 1+1+1) would be the most appropriate mechanism. This approach aligns with Council’s Management of Leases and Licences Procedure (4.10.03) and allows Council to assess the suitability of the use without committing to long‑term tenure.

The applicant has been advised that the process may require:

· Preparation of a Council report,

· A native title assessment, and

· Consultation with NSW Aboriginal Land Council (NSWALC) to obtain a no‑objection response prior to issuing any licence.

Due to these requirements, Council officers have advised the applicant that the process may take some time. The applicant has indicated that their current lease at another site is nearing expiry, and they will advise Council if a firm deadline applies, or whether a month‑by‑month extension at their current location can be negotiated while Council considers this proposal.

Based on the site’s approval history and the classification of the land and facilities as a recreation facility (outdoor), the use of the existing building by the NRL is considered consistent with the approved purpose of the site. The clubhouse and associated buildings form part of the approved recreational use, as supported by historical building approvals issued in 1979 and 1984 for clubhouse extensions and additions.

Planning officers have confirmed that the proposed office use is permissible under the existing planning approvals or through existing use rights. Subject to this confirmation, officers consider there is a viable planning pathway to support the proposal.

If any internal building alterations or additional fit‑out works are proposed beyond minor, non‑structural items, further approvals may be required to ensure compliance with the Building Code of Australia and relevant regulatory requirements. As part of negotiations, the applicant will be encouraged to provide details of any proposed alterations or additions to enable further assessment and advice on approval requirements.

The proposal represents an opportunity to activate an under‑utilised Council facility, provide a regular presence within the sporting precinct, and support regional sporting outcomes, while retaining Council control through a short‑term, reviewable licence arrangement.

Options

The options available to Council are:

1. Recommended. Proceed with the issue of a short‑term licence to the NRL for use of the upstairs room of the Bega Tennis Courts Clubhouse for sporting related office purposes, with rent set at $10,000 per annum. This option would require Council to resolve to depart from strict market rent requirements under the Management of Leases and Licences Procedure (4.10.03), having regard to the short‑term nature of the arrangement, the lack of recent demand for the space, and the community and regional sporting benefit associated with the proposed use. Direct negotiation is considered consistent with ICAC guidelines in these circumstances.

2. Proceed with the issue of a short‑term licence to the NRL, subject to a formal market rental valuation being obtained from a registered valuer, in accordance with Council’s Management of Leases and Licences Procedure (4.10.03). This option minimises any perception of preferential treatment; however, it would result in additional cost and time delays associated with obtaining a valuation and may impact the applicant’s ability to proceed if the assessed rent exceeds their indicated budget.

3. Decline the current proposal and undertake a public Expression of Interest (EOI) process for occupation of the upstairs room of the clubhouse. This option maximises transparency and market testing; however, officers note that the space has remained vacant for an extended period, the proposed use is limited in scale and duration, and an EOI process may not result in a materially better outcome. This approach would also delay activation of the space.

4. Retain the upstairs room in its current vacant state and not proceed with any occupation currently. This option avoids any short‑term commitments or administrative effort; however, it does not address the ongoing under‑utilisation of the facility and provides no financial, community or sporting benefit to Council.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have advised the applicant that the proposal will be reported to Council for determination. Internal consultation has occurred across Sport and Recreation, Planning and Corporate Services to assess the proposal from a governance, operational and planning perspective.

Engagement planned

Subject to Council’s resolution, officers will undertake the required native title assessment and consultation with the NSW Aboriginal Land Council prior to the grant of any licence.

As the proposal involves the grant of tenure over community land, Council will also comply with the public notification requirements under section 47 of the Local Government Act 1993 (NSW). This will include:

· Giving public notice of the proposed licence, including publication on Council’s website;

· Displaying notice of the proposal on the land concerned;

· Notifying adjoining landowners and occupiers; and

· Notifying any other persons who, in Council’s opinion, are likely to have the land as the primary focus of their enjoyment of the community land.

Any submissions received during the notification period will be considered and presented back to Council prior to finalising the licence arrangement.

Financial and Resource Considerations

Council’s Management of Leases and Licences Procedure (4.10.03) requires that occupation of Council‑owned or managed land be charged at market rent, unless Council resolves otherwise. A formal market valuation would typically be required; however, officers note that the applicant has indicated a budget of approximately $10,000 per annum, and an alternative option would be for Council to directly approve a short‑term licence at this rate, noting the community benefit and in accordance with ICAC guidelines for direct negotiation.

There is currently no separate metering for electricity or water at the tennis clubhouse, and the downstairs area remains in active use. As such, separate billing of outgoings would be complex. At this stage, officers consider that utilities would need to remain the responsibility of Council, with this reflected in the licence terms and rental amount.

The applicant would be responsible for supplying all office furniture, IT equipment, Wi‑Fi, printers and storage, with no permanent alterations to the building.

Legal /Policy

Council officers have considered the proposal having regard to:

· Compliance with relevant legislation, policies and guidelines, including the Local Government Act 1993 (NSW), Crown Land Management Act 2016 (NSW), Crown Land Management Regulation 2018 (NSW), and Council’s Management of Leases and Licences Procedure (4.10.03);

· Compatibility of the proposed use with the reserve’s gazetted purpose as a public recreation reserve within the Bega Recreation and Sports Precinct;

· Native title rights and existing Aboriginal land claims affecting the land; and

· Planning permissibility under existing approvals and use rights.

In line with Independent Commission Against Corruption (ICAC) guidelines, Council officers have assessed whether it is appropriate to enter into direct negotiations with the NRL rather than undertake a public EOI process. Officers consider that direct negotiation is appropriate in this instance for the following reasons:

1. The proposed occupation is short‑term, low‑impact and limited to part of an existing building, with no structural works proposed.

2. The upstairs room of the clubhouse has remained largely vacant for an extended period, with no demonstrated demand from other user groups.

3. The proposed use is directly related to sporting administration and community engagement and is consistent with the recreational purpose of the reserve.

4. The proposal would deliver identifiable community and regional sporting benefits.

5. The costs and time associated with market testing through an EOI process are likely to outweigh any potential benefit, particularly given the short‑term nature of the licence.

6. No conflicts of interest have been identified or disclosed by Council officers involved in the assessment of the proposal.

7. The land is subject to native title and Aboriginal land claim processes, and only existing, low‑impact uses consistent with the reserve purpose are appropriate pending completion of those processes.

Under the Crown Land Management Act 2016 and Local Government Act 1993, Council, as Crown Land Manager, may grant licences in accordance with Clause 70 of the Crown Land Management Regulation 2018. Clause 70 allows Council to issue licences for uses that are consistent with the purpose of the reserve and do not introduce new or intensified land uses requiring Ministerial consent.

Any licence granted would remain subject to:

· Completion of native title assessment and consultation with NSW Aboriginal Land Council;

· Compliance with section 47 public notification requirements of the Local Government Act 1993; and

· Appropriate licence conditions to manage planning, building, insurance and operational risks.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Environment and Climate Change

The proposal involves reuse of an existing building with no structural works proposed and no anticipated increase in environmental impact. No adverse environmental impacts are identified.

Economic

The licence would generate a modest rental return from an otherwise vacant space and support broader regional economic and sporting activity through the presence of a peak sporting organisation in the Bega Valley.

Risk

The key risks associated with the proposal have been assessed with reference to Council’s Strategic Risk Register and are low to moderate, subject to appropriate controls.

Regulatory and Statutory Compliance: Risks associated with the proposed use, particularly in relation to planning, building and Crown land requirements are mitigated by limiting the arrangement to a short‑term licence, confirming consistency with existing approvals, and requiring any internal fit‑out or alterations to be subject to further approval where necessary. Statutory risk is further mitigated through completion of a native title assessment and consultation with NSW Aboriginal Land Council prior to issuing the licence.

Financial Sustainability: There is a risk that the rental return may be below full market value. This risk is mitigated by the short‑term and reviewable nature of the licence, the activation of an otherwise under‑utilised Council asset, and the community benefit associated with the proposed use.

Assets and Infrastructure: There is a risk of increased wear or damage to the facility. This risk will be managed through licence conditions requiring appropriate insurance, maintenance responsibilities, and restrictions on alterations, ensuring Council retains oversight of the asset.

Reputational Risk and Governance: There is a risk of perceived preferential treatment through direct negotiation. This risk is mitigated by documenting the rationale for direct negotiation, limiting the tenure, and ensuring transparency through Council consideration and resolution in accordance with ICAC guidelines and Council’s Management of Leases and Licences Procedure.

Workforce and Public Safety: The proposed use is limited to office‑based activities and is not expected to introduce new public safety risks. Standard workplace health and safety obligations will apply and be addressed through licence conditions.

Overall, officers consider the risks associated with the proposal to be manageable and proportionate, provided the licence is short‑term, appropriately conditioned, and subject to review.

Social / Cultural

The proposal supports social and community outcomes by strengthening regional sporting administration and engagement, while maintaining continued access for existing tennis users.

Attachments

Nil

Council 25 March 2026

Item 10.3

10.3. New Policy 6.29 Code of Conduct

This report recommends that Council places new draft policy 6.29 Code of Conduct on public exhibition and adopts the Code of Conduct as a stand-alone policy.

Director Organisational Services

Officer’s Recommendation

1. That Council places draft policy 6.29 Code of Conduct on public exhibition for a minimum period of 28 days and submissions be received for 42 days.

2. That a further report only be presented to Council if any submission is received that could change the scope, purpose, and intent of the draft policy and,

3. If no submissions are received, the exhibited policy be adopted and published on Council’s website.

Executive Summary

This report seeks Council’s adoption of new draft Policy 6.29 Code of Conduct based on the Office of Local Government (OLG) Model Code of Conduct and seeks approval to place the draft policy on public exhibition.

Adoption of a policy that incorporates the Model Code of Conduct is a statutory requirement under the Local Government Act 1993.

Public exhibition of the draft policy will enable community and stakeholder feedback prior to final adoption and support transparency and good governance.

Background

Section 440 of the Local Government Act 1993 requires every council to adopt a code of conduct that incorporates the provisions of the Office of Local Government’s Model Code of Conduct for Local Councils in NSW. The Model Code establishes minimum standards of ethical conduct for councillors, staff, delegates, committee members and other persons to whom the Code applies.

Council’s practice has been that the Code of Conduct was a supporting procedure of Policy 6.02 Behaviour of Councillors and Staff, however it is recommended that the Code of Conduct be adopted as a standalone policy aligned with the current OLG Model Code of Conduct (2020). The draft policy is based on the Model Code and includes some supplementary provisions specific for Bega Valley Shire Council. These are highlighted in the draft policy.

The draft policy provides a comprehensive governance framework addressing general conduct obligations, conflicts of interest, gifts and benefits, relationships between council officials, use of council resources, access to information, and mechanisms to support compliance and integrity.

The NSW Government is currently reviewing the Council conduct framework which may have future implications for the Code of Conduct, however that does not alter the recommendations in this report. Should there be changes required to the Code of Conduct as result of the Governments review a further report will be provided to Council.

Options

Council has the following options:

· Option 1: adopt the attached draft policy (based on the OLG Model Code of Conduct) and places it on public exhibition for community and stakeholder feedback. Recommended.

· Option 2: defers adoption of the new policy and maintains the current BVSC Code of Conduct - Procedure 6.02.01 adopted 10 October 2020. The adopted procedure is available on Council’s website, search “6.02.01”

Community and Stakeholder Engagement

Engagement undertaken

Internal consultation has been undertaken in the preparation of the draft Policy 6.29 Code of Conduct to ensure alignment with legislative requirements, the OLG Model Code of Conduct and Council’s existing governance framework.

Engagement planned

It is proposed that draft Policy 6.29 Code of Conduct be placed on public exhibition in accordance with Council’s established policy consultation practices. Submissions received during the exhibition period will be considered and reported back to Council, together with any recommended amendments, prior to final adoption. If no submissions are received, it is recommended the policy be adopted.

Financial and Resource Considerations

There are no direct financial implications associated with adopting the OLG Model Code of Conduct or placing the draft policy on public exhibition. Implementation and ongoing administration of the policy will be managed within existing resources.

Legal /Policy

Adoption of a code of conduct that incorporates the OLG Model Code of Conduct is a statutory requirement under the Local Government Act 1993. Endorsing draft Policy 6.29 Code of Conduct will ensure Council’s compliance with legislative obligations and alignment with governance standards. Adding this to the policy register will ensure a review at least once during every term of council.

Any changes in the Model Code of Conduct by the Office of Local Government would require a review of this policy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The review and adoption of these policies align with the requirements under Council’s adopted Delivery Plan 2025–2029, as identified through the following Core Business activity:

· Monitor and review Council’s policy and procedure framework.

· Coordinate the updating of Council’s policies and procedures.

Council also uses 6 strategic principles to help guide its decisions. These principles are:

· Effective and efficient

· Equitable and inclusive

· Responsive

· Transparent

· Financial sustainability

· Accountable

Completing a review of its policies demonstrates the principles in the following ways:

· Effective and efficient. Reviewing the policies provides a proactive way of improving service delivery by defining the scope of our services.

· Equitable and inclusive. Placing the draft policies on public exhibition encourages all stakeholders to participate in the review process.

· Responsive. Engaging with the community through the consultation process will allow the organisation to identify ways of serving the community and will help improve performance.

· Transparent. Provision of the reviewed documents through the public exhibition period allows our community to view the work of council officers and recommendations for change and improvement.

· Accountable. The review process enhances both internal and external engagement.

The draft Policy 6.29 Code of Conduct aligns with Council’s commitment to good governance, ethical leadership, transparency and accountability and is aligned with the Model Code of Conduct for Local Councils in NSW.

Environment and Climate Change

There are no direct environmental or climate change impacts associated with the adoption or public exhibition of the draft Policy 6.29 Code of Conduct.

Economic

There are no direct economic impacts arising from the adoption or public exhibition of the draft policy.

Risk

The opportunity for adoption and public exhibition of new policy 6.29 Code of Conduct can clearly articulate Council’s alignment with the Model Code of Conduct for Local Council’s in NSW. It will strengthen governance and compliance and enhance transparency and public confidence.

Aligning with the OLG Model Code of Conduct supports consistent decision‑making and reduces the likelihood of governance and reputational issues.

Social / Cultural

The draft Policy 6.29 Code of Conduct promotes ethical behaviour, respect, fairness and accountability across Council decision-making and operations, supporting community trust and confidence in Council and its officials

Attachments

1 ⇩. 2026.03.25 Draft Policy 6.29 Code of Conduct - Recommended for Public Exhibition

Council 25 March 2026

Item 10.4

10.4. Certificate of Investment February 2026

This report details Council’s cash and investments at 28 February 2026.

Director Organisational Services

Officer’s Recommendation

That Council:

1. Receive and notes the report on Council’s investment position at 28 February 2026.

2. Notes the certification of the Responsible Accounting Officer.

3. Notes the revised policy has no changes in intent or operation of the policy and therefore does not require public exhibition.

4. Receive and note the review of Policy 6.07 Investment undertaken by the finance team, accepts the recommended changes (tracked) and adopts the policy attached to this report.

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 28 February 2026 the total capital value of cash and investments was $159,302,805 with 87% 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	February 2026 ($’000)
General Fund	55,897
Water Fund	29,353
Sewer Fund	74,053
TOTAL	159,303

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.

The review of Policy 6.07 Investments, has not resulted in any change in the intention or operation of the policy and is recommended to be adopted without public exhibition for this annual review.

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.

Policies of council are publicly available on council’s website.

Financial and Resource Considerations

A list of Council’s cash and investments held at 28 February 2026 is detailed below:

Table 1: Cash and Investments Listing
Issuer	Rating	Type	Purchase Date	Maturity Date	Interest Rate (%)	Capital Value ($)
ING Bank (Australia) Ltd	A	TD	08/02/2024	09/02/2026	4.84	5,000,000.00
NAB	AA-	TD	11/03/2024	11/03/2026	4.85	$ 5,000,000.00
Westpac	AA-	TD	18/12/2024	15/04/2026	4.89	$ 2,000,000.00
NAB	AA-	TD	28/06/2024	28/04/2026	5.2	$ 2,500,000.00
ING Bank (Australia) Ltd	A	TD	24/06/2025	04/05/2026	4.19	$ 5,000,000.00
BOQ	A-	TD	25/09/2024	25/05/2026	4.53	$ 5,000,000.00
Westpac	AA-	TD	31/01/2024	26/05/2026	4.8	$ 2,000,000.00
BOQ	A-	TD	25/02/2025	15/06/2026	4.62	$ 5,000,000.00
ING Bank (Australia) Ltd	A	TD	28/05/2024	28/07/2026	5	$ 5,000,000.00
NAB	AA-	TD	26/08/2024	18/08/2026	4.62	$ 3,000,000.00
Westpac	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
NAB	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
BOQ	A-	TD	26/11/2024	05/11/2026	4.8	$ 3,000,000.00
Hume Bank	BBB+	TD	28/05/2024	26/11/2026	4.95	$ 5,000,000.00
Westpac	AA-	TD	26/08/2024	08/12/2026	4.55	$ 5,000,000.00
Suncorp Bank	AA-	TD	30/09/2025	06/01/2027	4.14	$ 4,000,000.00
NAB	AA-	TD	11/01/2024	11/01/2027	4.88	$ 2,000,000.00
NAB	AA-	TD	14/01/2026	14/01/2027	4.6	$ 5,000,000.00
NAB	AA-	TD	25/02/2025	25/02/2027	4.55	$ 5,000,000.00
NAB	AA-	TD	28/01/2026	02/03/2027	4.73	$ 2,500,000.00
ING Bank (Australia) Ltd	A	TD	28/01/2026	02/03/2027	4.73	$ 2,500,000.00
NAB	AA-	TD	25/09/2024	25/03/2027	4.5	$ 2,000,000.00
BOQ	A-	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
Westpac	AA-	TD	06/03/2025	11/05/2027	4.55	$ 3,000,000.00
BOQ	A-	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
NAB	AA-	TD	06/03/2025	08/07/2027	4.55	$ 2,000,000.00
Westpac	AA-	TD	29/08/2025	19/08/2027	3.95	$ 5,000,000.00
BOQ	A-	TD	12/01/2026	06/09/2027	4.57	$ 2,000,000.00
BankVic	BBB+	TD	28/02/2025	13/10/2027	4.5	$ 2,000,000.00
ING Bank (Australia) Ltd	A	TD	15/10/2025	15/10/2027	4.2	$ 3,000,000.00
Westpac	AA-	TD	16/12/2025	16/12/2027	4.7	$ 5,000,000.00
ING Bank (Australia) Ltd	A	TD	09/02/2026	09/02/2028	4.9	$ 5,000,000.00
BankVic	BBB+	TD	24/06/2025	30/08/2028	4.01	$ 2,000,000.00
ING Bank (Australia) Ltd	A	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
Commonwealth Bank	AA-	CASH	30/05/2025	13/06/2029	4.24	$ 5,000,000.00
Commonwealth Bank	AA-	CASH	28/02/2026	28/02/2026	3.85	$ 17,653,867.64
NSWTC IM SCF	AA-	CASH	28/02/2026	28/02/2026	3.9	$ 3,000,000.00
Totals						$159,302,805

1 Table 2: Interest from Cash and Investments
Interest earned for February 2026	$447,643
Financial year to date interest earned	$4,350,028
Revised Budgeted interest for 2025/2026 financial year	$5,120,000
Percentage of the 2025/2026 budget earned by Council	85%

Council’s investment portfolio is largely directed towards term deposits (87%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (13%).

The investments held by Council remain sufficiently liquid with 64% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 371 days.

For the month of February, the investments held by Council provided a return of 4.69% p.a. This annualised performance exceeded the monthly RBA cash rate of 3.76% and the AusBond Bank Bill Index of 3.83%. The below table represents the annualised performance of council’s investment portfolio.

A graph of numbers and percentages

AI-generated content may be incorrect.

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.

2 Table 3: Investments by Fund $’000
3 Fund	4 December-2025	5 January -2026	6 February -2026
General Fund	53,128	7 49,899	8 55,897
Water Fund	28,974	9 27,967	10 29,353
Sewer Fund	71,972	11 71,243	12 74,053
TOTAL	154,074	13 149,109	14 159,303

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 28 February 2026 is $245,595 with $16,079 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.

Annual Policy review

Council staff have conducted an annual review of the investment policy 6.07.

Administration changes were made and have no impact on the intent or operation of the policy. There were no other changes identified in the annual review.

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 28 February 2026, Council’s investment portfolio included $5 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 28 February 2026, 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

A graph of a bar chart

AI-generated content may be incorrect.

A graph with a bar and a few squares

AI-generated content may be incorrect.

A graph with a bar and a number of squares

AI-generated content may be incorrect.

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

1 ⇩. Draft Policy 6.07 Investment Policy with markup

Council 25 March 2026

Item 11.1

11.1. Childrens Services Expansion Feasibility Study

A feasibility assessment has been undertaken to support the future expansion of Council’s early education and care services in Bega and Eden. A Council resolution is sought to progress to the next stage of site-specific planning.

Chief Executive Officer

Officer’s Recommendation

That Council:

1. Notes the feasibility assessment undertaken by The Commercial Advisory Partnership (TCAP) at Confidential Attachment 1.

2. Accepts the recommendations outlined in the Confidential Memo at Attachment 2.

3. Notes the findings of the community survey at Attachment 3.

4. Delegates authority to the Chief Executive Officer to take all necessary actions to implement the resolution, including limited disclosure of information strictly necessary for that purpose.

Executive Summary

In February 2024, Council resolved to continue providing Children’s Services and to undertake long-term planning to grow our services to a scale capable of meeting community demand while achieving long-term sustainability.

Since that resolution, work has been undertaken to identify opportunities to expand service capacity in a strategic and sustainable manner, specifically in Bega and Eden. The Commercial Advisory Partnership (TCAP) was engaged to conduct and deliver a feasibility assessment to support Council in deciding if and where opportunity may exist to expand or relocate services to alternate sites, as well as the operational model required to support expansion in each location.

The feasibility assessment included at Attachment 1 (confidential) includes site analysis and identifies recommended sites for further investigation and concept development to address the childcare gap in the Bega Valley.

This report seeks Council approval to proceed with site-specific investigation and design work based on the recommendations in the confidential memo at Attachment 2.

It does not seek approval for capital expenditure. Further reports will be provided to Council before any capital commitments are made.

Background

Council currently operates three early childhood services:

· Eden Early Learning Centre – long day care and preschool programs

· Bandara Children’s Services – long day care and preschool programs

· Sapphire Mobile Preschool – operating from Candelo (4 days per week) and Bemboka (1 day per week).

In 2022, Council engaged Minima Solutions to undertake an independent review of the future demand and service viability of Council’s Children’s Services. The review analysed demographic projections, trends in early childhood education provision, the local childcare market, service risks and opportunities, and infrastructure requirements. It identified increasing demand for early childhood education and care across the Bega Valley, alongside challenges relating to workforce availability, infrastructure capacity and regulatory requirements.

Following a Notice of Motion from Councillor Nadin in February 2023, Council resolved to investigate the consequences and steps involved should Council withdraw from providing Children’s Services. Insight Consulting Australia was engaged to undertake this work, including analysis of sector policy and funding settings, review of Council’s financial and operational data, market analysis, and engagement with Councillors and senior staff.

At its meeting on 21 February 2024, Council considered the findings of the Insight review and resolved as follows.

A screenshot of a computer

AI-generated content may be incorrect.

This resolution established Council’s direction to continue providing Children’s Services while exploring opportunities to expand service capacity in response to community demand.

To respond to this resolution, staff have undertaken further work to assess opportunities for service expansion. In addition, TCAP was engaged to undertake a feasibility study to support consideration of potential service expansion options. Potential sites have been assessed against criteria including Education and Care Services National Regulations, planning and zoning requirements, accessibility and catchment demand, and operational feasibility.

This work has included:

· analysis of local childcare demand and market capacity

· review of current waiting lists and utilisation rates

· community engagement through a survey of families and service users

· assessment of potential sites and infrastructure opportunities

· evaluation of site feasibility against Children’s Services planning regulations and National Quality Framework requirements.

The analysis confirms that demand for early childhood education and care services in the Bega Valley continues to exceed supply, particularly for long day care services supporting workforce participation, with Council operated services operating at or near capacity with significant waiting lists.

A structured site assessment process was undertaken to identify potential opportunities to expand Council’s childcare capacity in Bega and Eden.

Sites were assessed against criteria including:

· regulatory requirements under the Education and Care Services National Regulations

· planning and zoning considerations

· accessibility and demand

· operational feasibility and service delivery considerations

· infrastructure constraints and opportunities.

The confidential feasibility study at Attachment 1 and confidential memo at Attachment 2 outline the recommended next steps for further feasibility and concept development prior to any funding decisions being made.

Options

The feasibility study identifies and considers several options, as detailed in the confidential memo at Attachment 2.

Council could also resolve not to proceed with expansion planning, noting this would limit our ability to contribute to demand to our current sites, with 59 places per day at Bandara and 39 places per day at Eden Early Learning Centre.

Community and Stakeholder Engagement

Engagement undertaken

The work undertaken to date has been informed by engagement with a range of internal and external stakeholders.

This has included:

· engagement with Children’s Services staff and managers

· consultation with corporate support areas including finance, people and culture, property and legal services

· discussions with Councillors

· engagement with families and service users

· a community survey to better understand childcare demand and service needs (survey summary attached at Attachment 3).

The survey responses highlighted:

· strong demand for additional childcare places

· challenges families face securing childcare

· the importance of early childhood services in supporting workforce participation.

Engagement planned

Further engagement will be required with staff, stakeholders and parents/families pending the Council resolution.

Financial and Resource Considerations

The options associated with this report will have varied financial and resourcing implications and are outlined in the confidential memo at Attachment 2.

Legal /Policy

Early childhood education operates in a highly regulated environment. The legislative framework includes:

· Education and Care Services National Law Act 2010 (Cth)

· Children (Education and Care Services) National Regulations 2011 (Cth)

· Children and Young Persons (Care and Protection) Act 1998, No 157 (NSW)

· Children and Young Persons (Care and Protection) Regulation 2022 (NSW)

· Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 (NSW)

The Australian Childhood Education and Care Quality Authority (ACECQA), an independent national body, has mandated responsibility to guide the implementation of the National Quality Framework (NQF) for ECEC services, and monitor and promote consistency in service delivery. Council has several agreements in place with state and federal departments for Children’s Services. Each agreement allows Council to withdraw from the agreement, in line with an agreed timeframe. Approval from the Early Learning Commission will be required to increase places at each centre.

Council’s adopted policy 4.09 Families and Children, and supporting procedures, encompass all processes implemented to effectively provide information and manage the delivery of Council children’s services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Children’s Services are provided in line with the following 2025 Revision of the Community Strategic Plan (CSP) objectives and Delivery Plan actions.

CSP Theme – Our Community: We are a connected and vibrant community where people are happy, safe and well

CSP Strategic objective: We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life.

CSP Strategy: A.3 Ensure growth and change in our towns and villages enhances character that reflects local identity, improves liveability, and supports community needs

CSP Theme – Our Economy: A resilient and prosperous economy that supports employment and learning opportunities.

CSP Strategic objective: We have meaningful employment and learning opportunities for people at all stages in life.

CSP Strategy: B.4 Provide education and employment pathways that help young people living in the Bega Valley Shire.

Environment and Climate Change

Environmental and climate change factors have been important considerations in assessing where potential sites may or may not be suitable for the expansion of children services. More detailed information in provided in the confidential feasibility report at Attachment 1.

Environmental and climate change issues will be considered in the design of any new centres and at development application stage if/when relevant.

Economic

Early childhood education and care is a vital input to the economy of the Bega Valley. Access to affordable, high quality early childhood education is critical to enabling workforce participation, attracting new families and workers to the shire, contributing to local economic development, and achieving the community’s main priorities and aspirations. Anecdotally, the Bega Valley is losing key workers from a range of industries due their inability to access childcare.

Early childhood education in the shire operates in a competitive market and is provided by a range of commercial, community based and not for profit organisations. Despite this, previous reviews and the community survey conducted to support the development of this feasibility study demonstrates unmet demand and a need to increase the capacity of services in the shire. While population projections indicate there will be a continued demand for these services, most providers are running at capacity with considerable waiting lists. If Council resolves to change the service mix provided by Council, this may have flow on effects to other providers in the local market.

Risk

The feasibility study sets out a range of risks to be considered by Council in determining the preferred site selection for children’s services expansion. Advantages and disadvantages have been presented against each risk and considerations include both financial and non-financial factors. More information is included in the confidential feasibility report at Attachment 1.

Social / Cultural

Evidence clearly links participation in a quality early childhood education program in the two years before school with better outcomes for children. In recognition of this, policy and funding reform aims to support enrolment of at least 600 hours per year or 15 hours per week in the two years before starting primary school.

Research also shows that early childhood services benefit disadvantaged and vulnerable children the most – strengthening their social, emotional, physical and cognitive development. Early childhood plays an important role in reducing inequity and entrenched disadvantage, improving school readiness, providing pathways to improved education and development outcomes, and enhanced life trajectories.

The previous review analysis points to the diverse range of children who attend Council’s Children’s Services. These include children with complex support needs, children from families who are remote, Aboriginal and Torres Strait Islander families, and from a diverse range of family structures, socio-economic levels and backgrounds. The Australian Bureau of Statistics’ Socio-Economic Indexes for Areas (SEIFA) indicates a relatively high number of children with developmental vulnerabilities in the Bega Valley Shire in comparison to Regional New South Wales, New South Wales, and Australian indexes. Over a third of families who attend Council’s Children’s Services are considered low income.

This feasibility study has considered all of these factors in relation to other key criteria to provide the recommendations on potential sites.

More information on the social impacts of each of the five options is included in the confidential feasibility report at Attachment 1.

Attachments

1. Confidential Children's Services expansion feasibility study - TCAP - March 2026 (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 and 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)(c) and (d) of the Local Government Act 1993.

2. Confidential Councillor Memo Children’s Service Expansion Feasibility Study (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 and 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)(c) and (d) of the Local Government Act 1993.

3 ⇩. Children's Services Expansion Feasibility Survey Summary report

Council 25 March 2026

Item 11.2

11.2. Enterprise Land Review

This report seeks Council endorsement for the use of Environment Levy reserves to undertake an environmental constraints analysis on potential sites for a new enterprise precinct located between Bega and Wolumla.

Chief Executive Officer

Officer’s Recommendation

That Council authorises the use of Council’s Environment Levy reserves to undertake an environmental constraints analysis of potential sites for a new enterprise precinct between Bega and Wolumla.

Executive Summary

This report seeks Council approval to use Council’s Environment Levy reserves to undertake an environmental constraints analysis of potential sites for a new enterprise precinct between Bega and Wolumla. The analysis is required to inform site selection following earlier Enterprise Land Review work, recent engagement with landowners and prior to any master planning or rezoning.

Background

For several years Council has been progressing investigations to support a new enterprise precinct between Bega and Wolumla, which may accommodate relocation of Council’s Bega Works Depot.

The 2019 Enterprise Land Review Stage 2 Phase 1 report (Attachment 1) investigated five privately-owned areas for a potential new enterprise precinct on land adjacent to the Princes Highway between Bega and Wolumla.

Council staff have recently engaged with the owners of selected properties identified in the report and conducted a confidential expression of interest process to gauge landowner interest in the project.

Prior to any master planning or rezoning of shortlisted sites, the project will require detailed investigations including an environmental constraints analysis. The analysis will ensure site selection is informed by environmental considerations and constraints.

The Environment Levy has been in place since 2003 and provides funding to support the preservation and protection of the environment. This includes activities such as estuary management, weed and pest control, environmental monitoring and research, erosion works and environmental compliance. The Levy also funds initiatives relating to renewable energy, flood planning and community environmental grants.

The Environment Levy is applied across all rating categories, with permanent approval for the Levy at 2.52% granted by the Minister for Local Government in 2006.

Council officers have identified that the enterprise precinct project could be progressed by allocating a portion of these funds to undertake an environmental constraints analysis.

Options

The options available to Council are:

1. Council authorises the use of Council’s Environment Levy reserves to undertake an environmental constraints analysis of potential sites for a new enterprise precinct between Bega and Wolumla. (Recommended)

2. Council does not authorise the use of Council’s Environment Levy reserves to undertake an environmental constraints analysis of potential sites for a new enterprise precinct between Bega and Wolumla. Staff would need to explore other sources of funding to carry out the environmental constraints analysis which could delay the project.

Community and Stakeholder Engagement

Engagement undertaken

In developing the Enterprise Land Review, Zenith Town Planning contacted the owners of land assessed to be suitable for future industrial development by mail with a follow-up telephone call to discuss investigations being undertaken by Council and the possibility of acquisition of their land for an enterprise park. The planning process and the findings of the feasibility analysis were explained. Landowners were advised that discussions were preliminary and ‘commercial in confidence’ and that any future zoning changes or acquisition by Council would be subject to contractual arrangements yet to be negotiated.

Last year, initial consultation was undertaken with key landowners whose properties were identified through the Enterprise Land Review (2019) as having potential to accommodate a future enterprise precinct between Bega and Wolumla. This engagement involved confidential, face‑to‑face meetings with the relevant landowners, led by the Chief Executive Officer and the Manager Corporate Services, and was conducted in accordance with the probity principles and engagement approach outlined in the Enterprise Precinct Probity Framework. The discussions were intended to inform landowners of Council’s strategic intent, outline the early and exploratory nature of the project, understand landowner interest in potential future investigations (including rezoning), and confirm that no decisions have been made regarding site selection or land acquisition, with any future progression subject to further technical investigations, Council resolutions and statutory processes.

Following these preliminary discussions, Council issued an Expression of Interest (EOI) to the identified landowners to formally confirm their level of interest in potential future involvement in the enterprise precinct project. The EOI process enabled Council to document landowner positions, identify constraints or conditions raised by landowners, and inform the next stages of technical investigation and strategic decision‑making.

Landowners expressed varying levels of interest in potential future involvement, ranging from non‑supportive to supportive, and these positions have been documented. All engagement to date has been conducted on a confidential basis, with appropriate records maintained to ensure transparency, probity and an auditable decision‑making trail.

Council staff have held high-level discussions with relevant NSW Government agencies regarding the project, including Transport for NSW and economic development staff from the NSW Department of Primary Industries and Regional Development.

Engagement planned

At this stage, no broader community engagement is planned, as the project remains in a preliminary investigative phase and is limited to undertaking an environmental constraints analysis to inform future decision‑making.

Should Council resolve to progress the enterprise precinct project beyond this initial investigation, a staged and proportionate engagement approach will be implemented. This will include further targeted engagement with affected landowners, relevant government agencies and key stakeholders, followed by broader community consultation where appropriate. Any future engagement will be undertaken in accordance with Council’s Community Engagement Strategy and the engagement and communication principles outlined in the Enterprise Precinct Probity Framework, ensuring transparency, probity and procedural fairness.

Financial and Resource Considerations

In 2024-25, total Environment Levy income was $494,800. As of 30 June 2025, unspent Environment Levy funds totalled $776,287, noting some of this has been allocated in the long term financial plan for future works.

If the recommendation is adopted, officers will commence initial scoping and seek quotations for an environmental constraints analysis, with a proposed budget allocation to be brought forward through Council’s usual budget approval processes.

Legal /Policy

Staff have developed a probity framework to guide Council’s approach to the enterprise precinct project and engagement with private landowners. This framework establishes clear governance, transparency and probity principles to support early investigations and any future decision‑making.

Legal and policy considerations relevant to the project may include compliance with the NSW planning system, including the lodgement and assessment of planning proposals, the consideration of development applications, and the potential use of Voluntary Planning Agreements. Council’s framework for the acceptance and consideration of unsolicited proposals may also be relevant should proposals be received from landowners or other parties.

Any future progression of the project would be subject to Council’s policies and procedures relating to the acquisition of land or interests in land. Where land acquisition is contemplated, the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and the Property Acquisition Standards would apply. Procurement activities would also need to comply with section 55 of the Local Government Act 1993 (NSW) and Part 7 of the Local Government (General) Regulation 2021 (NSW).

All engagement and decision‑making must be undertaken in accordance with conduct obligations for Council staff and elected officials, as set out in Council’s Code of Conduct and relevant policies.

The project is consistent with Council’s strategic planning framework, including the Bega Valley Shire Local Strategic Planning Statement 2040, which identifies Action 6.3 – Support the creation of a new industrial precinct between Bega and Wolumla.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This recommendation supports the following plans, strategies and other documents:

Community Strategic Plan 2042

· B.2 Promote and support opportunities to diversify and grow our economy and provide local jobs.

· B.6 Diversify and expand key industries, leveraging our natural strengths.

· C.2 Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes.

Delivery Plan 2025-2029, 2025-26 Focus Projects:

· Advance negotiations with landholders to facilitate the LSPS action aimed at establishing a new enterprise precinct between Bega and Wolumla.

· Coordinate development of enterprise precinct.

Local Strategic Planning Statement 2040

· Action 6.3: Support the creation of a new industrial precinct between Bega and Wolumla.

Funding our Future

· New Industrial Precinct (p 22)

Environment and Climate Change

The environmental constraints analysis will ensure environmental considerations are foremost in the site selection and planning process for the proposed enterprise precinct.

Economic

The Bega Valley Shire has 476ha of industrial land spread over multiple sites which include general industrial, heavy industrial and working waterfront zones. A large amount of the land zoned for general industrial uses is highly constrained or poorly located. Designated industrial land supports key industries that contribute significantly to the shire’s economic output and local jobs, including construction and manufacturing. The Enterprise Land Review Stage 1 Report (2016) found that, depending on lot size and environmental constraints, current industrial zoned land in the shire could supply 15-30 years of industrial development.

The Enterprise Land Review Stage 1 Report identified the following opportunities for industrial development that a new precinct could accommodate:

· support industries linked to the medical industry and health services such as catering, cleaning, manufacturing

· support industries linked to the ageing population and their accommodation needs such as catering, cleaning, laundry and packaged food products

· industries that require good access to technology such as the fast broadband speeds provided by the NBN network and that support that technology, including education

· agribusiness, value-added food processing and packaging businesses to support the growing local, national and international demand for high quality organic food products such as dairy, seafood (oysters and mussels) and organic vegetables

The report recommended Council: ‘consider developing an industrial estate based on the principles of sustainability. Given the level of support for and attitudes towards nature conservation in Bega Valley, environmental protection could be linked to economic development through the development of an eco-friendly industrial park. Such a park would be designed to reduce water and resource use while enabling new businesses to take advantage of amenity and setting.’ In keeping with the above proposal, the work of the Regional Circularity Cooperative has potential to drive investment in circular economy related enterprises in the area, which could be accommodated in the proposed precinct.

Relocating the Council’s Bega works depot to a new enterprise precinct would release land for housing, supporting infill residential development, putting downward pressure on the local housing market and providing accommodation for key workers.

Risk

There is a risk that the enterprise precinct project may stall, fail to progress, or result in adverse outcomes if environmental constraints are not adequately identified and addressed at an early stage. Undertaking an environmental constraints analysis supports a structured and evidence‑based approach to site selection and future master planning, helping to mitigate risks associated with climate change impacts, environmental limitations and regulatory compliance, which align with Council’s identified strategic risks relating to climate change and regulatory and statutory compliance.

There are also probity and governance risks associated with the project, particularly in relation to engagement with private landowners and other interested parties. These risks include informal or unmanaged engagement, inappropriate lobbying of elected officials, insufficient documentation and audit trails, unmanaged or perceived conflicts of interest, breaches of confidentiality, and direct dealing without appropriate authority or justification. If not properly managed, early engagement with landowners may also compromise Council’s ability to undertake future competitive processes or blur Council’s distinct regulatory and commercial roles, creating reputational and governance risks that align with Council’s strategic risk relating to effective civic leadership.

These risks are being managed through the application of the Enterprise Precinct Probity Framework, which establishes clear governance arrangements, engagement protocols and record‑keeping requirements to ensure transparency, procedural fairness and defensible decision‑making throughout the early investigative stages of the project.

Social / Cultural

There are no immediate social or cultural impacts arising from the recommendation to undertake an environmental constraints analysis. The proposed work is investigative in nature and does not involve site selection, rezoning, land acquisition or development.

In the longer term, the establishment of a new enterprise precinct has the potential to deliver positive social outcomes by supporting employment opportunities, improving economic resilience, and enabling the relocation of incompatible industrial activities away from residential areas, thereby improving amenity within established communities.

Cultural considerations, including respect for Aboriginal cultural heritage and connection to Country, will be addressed through any future planning and statutory assessment processes should the project progress beyond the investigative stage. Appropriate consultation with Aboriginal stakeholders and compliance with relevant legislative and policy requirements would be undertaken as part of future planning and development stages.

No adverse social or cultural impacts are anticipated at this stage of the project.

Attachments

1⇩. Enterprise Land Review 2019 Stage 2 Phase 1

Council 25 March 2026

Item 11.3

11.3. Citizenship Awards and Bega Valley Medallions

This report seeks to review the process of awarding the Citizens of the Year Awards and Bega Valley Medallions and determine a way forward.

Chief Executive Officer

Officer’s Recommendation

That Council review the options in this report and determine when the Citizens of the Year and the Bega Valley Medallion recipients should be awarded to recipients.

Executive Summary

Each year Council hosts an Australia Day event in Bega. In recent years it has been held at the Bega Valley Commemorative Civic Centre. https://www.begavalley.nsw.gov.au/Our-Community/Australia-Day

Council’s Australia Day event proceedings include a free community BBQ followed by a ceremony where we recognise and celebrate the achievements of a local Citizen of the Year, a Senior Citizen of the Year and a Young Citizen of the Year and along with several Bega Valley Medallion awardees. Following the awards segment of the event, Council holds an official Australian Citizenship Ceremony.

There is changing and varied public sentiment about Australia Day and recently multiple award recipients have requested to receive their award on a separate day.

In addition, nominations for awardees have significantly dwindled in the last three years and can be challenging to obtain towards the end of the year and leading into the busy summer holiday period.

This report presents two options for consideration of Council. Retain the Australia Day event and awardee nomination process as it currently stands or amend the process and separate the awarding of Citizen of the Years Awards and Bega Valley Medallion recipients to an alternate date. Both options recommend an extension of the nomination period to encourage more nominations.

There are financial implications for the second option.

Background

Each year on 26 January, Council hosts an Australia Day event that includes three parts:

- A free Australia Day breakfast provided the Lions Club

- Presentation of awards to local residents who have demonstrated exceptional commitment to their communities

- An official Australian Citizenship Ceremony.

Council promotes the Australia Day event aligned with materials from the National Australia Day Council - Australia Day. The National Australia Day celebrations held on 26 January include the Australian of the Year Awards. Council’s Citizen of the Year Awards and Bega Valley Medallions are not aligned with any of the National Australia Day Council processes and are not a requirement of an Australia Day event. These local awards are a Bega Valley Shire Council initiative that has been in place for many years.

Promotion of the Citizen of the Year Awards and Bega Valley Medallions begins towards the end of the year, usually September, and closes late November, or early December if there are too few nominations received by the ‘official’ closing date. Each year, there has been an increasing decline in nominations for the Citizens of the Year and the Medallion nominations vary year to year. Each year Council struggles to get community members to take the time to formally recognise local ‘unsung heroes’.

These low nomination rates could be driven by a combination of the nomination process (which was simplified significantly in 2024), timing, the effort required to nominate someone and shifting attitudes toward the day itself.

There is changing and varied public sentiment about Australia Day in our community and recently multiple award recipients requested to receive their award on a separate day so that it was not aligned with Australia Day. Some of the award recipients attended a Council meeting post the Australia Day celebrations to receive their award.

Options

Option 1- Retain the Australia Day event and awardee nomination process as it currently stands.

This option would retain the status quo. Noting it is recommended that if retaining the status quo that nominations be opened earlier to allow more time for nominations to be submitted.

Option 2- Separate the awarding of Citizen of the Years Awards and Bega Valley Medallion recipients to an alternate date and extend the nomination period.

There are financial impacts of this option. Each year Council has been successful in securing a grant for $10,000 which covers most costs for the Australia Day event which includes the Citizen of the Year Awards and Bega Valley Medallion elements. Should a separate event be held then the costs that grant would typically cover would need to be funded from Council’s budget. It is likely that a separate event to present the Citizen of the Year and Bega Valley Medallions could range from $3,000 to $6,000 depending on the type and size of event. There is the potential to significantly minimise costs if the awards were presented as part of a Council meeting and without catering.

Separating and moving the awards to mid-year event would allow Council more time to promote the awards and encourage more nominations.

Option 3- Council may wish to suggest other alternatives to what is proposed.

Community and Stakeholder Engagement

Engagement undertaken

There has been no external stakeholder engagement undertaken to date. This report is presented acknowledging the changing sentiment in our community towards Australia Day and the declining rate of nominations Council has been receiving.

Engagement planned

The community will be advised of the outcome of this report.

Financial and Resource Considerations

As outlined above there are financial implications for having a separate event for the awarding of the Citizen of the Year Awards and Bega Valley Medallions.

Costs for the Australia Day event are mostly covered by a $10,000 competitive grant that Council applies for and has been successful in securing over the last couple of years. Australia Day costs not covered by the grant are funded from the Executive Services budget.

Legal /Policy

There are no legal or policy impacts related to this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s strategic in the Bega Valley Shire Community Strategic Plan 2042 to ensure:

- We are an informed and engaged community with transparent, consultative and responsive Government services

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

o E.2 The community has opportunities to actively engage and contribute in a timely manner to things that affect their wellbeing using relevant and varied communication channels.

Environment and Climate Change

There are no environment or climate change impacts related to this report.

Economic

There are no economic impacts related to this report.

Risk

There are several risks in presenting this report and the option that is selected moving forward. There are differing and strong views about the cultural and historical significance of Australia Day and providing this report is likely to increase public debate and heighten the risk of community division. Nevertheless, it is important Council show leadership and inclusivity in sensitive matters and continue to assess its position to ensure it reflects its community.

Social / Cultural

Australia Day events have traditionally provided an opportunity to recognise outstanding community contributions and welcome new citizens, however as the significance of 26 January continues to shift, it is important to revisit Council processes.

The social and cultural impacts of this matter are complex and multidimensional.

Attachments

Nil

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

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

Council	25 March 2026
*Item 6.1 - Attachment 1*	DRAFT Mayor Russell Fitzpatrick letter to Brett Whitworth - Office of Local Government Joint Organisations review

Council	25 March 2026
*Item 6.1 - Attachment 2*	Letter to Bega Valley Shire Council from OLG regarding Joint Organisation review

Council	25 March 2026
*Item 6.1 - Attachment 3*	Review-of-Joint-Organisation-framework-–-FAQ

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	25 March 2026
*Item 8.1 - Attachment 1*	Draft Notice of Determination

Council	25 March 2026
*Item 8.1 - Attachment 2*	Section 4.15 Assessment Report

Council	25 March 2026
*Item 8.1 - Attachment 3*	Summary of Submissions

Council	25 March 2026
*Item 8.1 - Attachment 4*	Applicant's Clause 4.6 Variation Request to height of building

Council	25 March 2026
*Item 8.1 - Attachment 5*	Proposed Development Plans

Council	25 March 2026
*Item 8.2 - Attachment 1*	Draft Local Infrastructure Contributions Plan 2026-2041

Council	25 March 2026
*Item 8.2 - Attachment 2*	Wolumla local infrastructure contributions plan background report

Council	25 March 2026
*Item 8.3 - Attachment 1*	Development Assessment roadmap

Council	25 March 2026
*Item 8.3 - Attachment 2*	DRAFT Policy 3.01 development administration

Council	25 March 2026
*Item 8.3 - Attachment 3*	DRAFT procedure 3.01.01 Reporting of Development Applications to Council v1 - Policy 3.01

Council	25 March 2026
*Item 8.3 - Attachment 4*	Development Assessment Service Review final report

Council	25 March 2026
*Item 8.4 - Attachment 1*	Planning Proposal PP-2025-2393

Council	25 March 2026
*Item 8.5 - Attachment 1*	Minor Amendments Planning Proposal 2026

Council	25 March 2026
*Item 8.6 - Attachment 1*	Tura Beach Flood Report FINAL - January 2026 - Rhelm

Council	25 March 2026
*Item 8.6 - Attachment 2*	Cobargo Flood Study FINAL October 2025 - Rhelm

Council	25 March 2026
*Item 8.7 - Attachment 1*	BVSC Litter Prevention Roadmap

Council	25 March 2026
*Item 9.2 - Attachment 1*	Multi generational Recreation Area (MIRA) Tura Concept site plan 21 Dec 2025

Council	25 March 2026
*Item 9.3 - Attachment 1*	Safe Systems Assesment (SSA) Report- Imlay Street Eden

Council	25 March 2026
*Item 9.3 - Attachment 2*	Imlay Street- Accessible Parking Spaces Relocation Concept Design

Council	25 March 2026
*Item 9.3 - Attachment 3*	Newtown Road, Bega- No Stopping zone

Council	25 March 2026
*Item 9.3 - Attachment 4*	Bega Valley Local Transport Forum (LTF) updated protocols (version 3)

Council	25 March 2026
*Item 9.3 - Attachment 5*	LTF Minutes of meeting 3 March 2026

Council	25 March 2026
*Item 9.4 - Attachment 1*	S355 General Sportsground Quarterly Committee Meeting minutes 25 August 2025

Council	25 March 2026
*Item 9.4 - Attachment 2*	S355 General Community Hall Committee Meeting Minutes 18 November 2025

Council	25 March 2026
*Item 9.4 - Attachment 3*	S355 Montreal Goldfield Committee Meeting Minutes 20 November 2025

Council	25 March 2026
*Item 9.4 - Attachment 4*	S355 cemetery advisory committee meeting minutes 02 December 2025

Council	25 March 2026
*Item 9.4 - Attachment 5*	Access and Inclusion Advisory Committee Minutes 18 November 2026

Council	25 March 2026
*Item 9.4 - Attachment 6*	Bega Eden Merrimans Aboriginal Liaison Committee minutes 30 September 2025

Council	25 March 2026
*Item 10.1 - Attachment 1*	Council report dated 30 August 2017

Council	25 March 2026
*Item 10.3 - Attachment 1*	2026.03.25 Draft Policy 6.29 Code of Conduct - Recommended for Public Exhibition