Agenda - Attachments Included · 11/25/2014 · ON TUESDAY 25 NOVEMBER 2014 COMMENCING AT 4.00PM AGENDA (Proceedings of this meeting will be recorded as per Eurobodalla Shire ouncil

AGENDA

Ordinary Meeting of Council

25 November 2014

i

ORDINARY MEETING OF COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA

ON TUESDAY 25 NOVEMBER 2014

COMMENCING AT 4.00PM

AGENDA

(Proceedings of this meeting will be recorded as per Eurobodalla Shire Council’s Code of Meeting

Practice)

1. WELCOME AND EVACUATION MESSAGE

2. APOLOGIES

Nil

3. QUESTIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

4. DEPUTATIONS FROM PUBLIC GALLERY (AGENDA ITEMS ONLY)

5. PRESENTATIONS

5.00pm Presentation of Financial Statements by Pitcher Partners

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on 11 November 2014

7. DECLARATIONS OF INTEREST OF MATTERS ON THE AGENDA

(Declarations also to be made prior to discussions on each item)

Page No.

8. MAYORAL REPORTS

9. REPORTS OF COMMITTEE

Nil

10. NOTICES OF MOTION

NOM14/021 Sea Level Rise ...................................................................................................... 4

ii

11. QUESTIONS ON NOTICE

Nil

12. GENERAL MANAGER'S REPORTS

GMR14/034 Councillor Expenses and Facilities Policy ............................................................ 6

GMR14/035 Council Meetings - Live Streaming ..................................................................... 8

13. PLANNING AND SUSTAINABILITY REPORTS

PSR14/062 South Coast Regional Sea Level Rise Planning and Policy Response Framework ........................................................................................................ 11

PSR14/063 Annual Report 2013-2014 ................................................................................ 23

PSR14/064 Minor Housekeeping Amendments to Eurobodalla Local Environmental Plan 2012 .......................................................................................................... 25

PSR14/065 Tender - Transport and reuse/recycling of biosolids ....................................... 29

PSR14/066 Tender for Litter Bin Collection Contract ......................................................... 31

PSR14/067 Liquid Trade Waste Service Agreement ........................................................... 34

PSR14/068 Donation of Development Application Fees for Tilba District Chamber of Commerce Inc ................................................................................................... 36

14. INFRASTRUCTURE REPORTS

Nil

15. FINANCE AND BUSINESS DEVELOPMENT REPORTS

FBD14/073 Licence for Footpath Trading - Moruya ............................................................ 37

FBD14/074 Investments made as at 31 October 2014 ....................................................... 40

FBD14/075 Code of Conduct Complaints Report ................................................................ 43

FBD14/076 Huntfest - Variation to Licence Submissions .................................................... 49

FBD14/077 Huntfest - Variation to Event Licence ............................................................... 51

16. COMMUNITY, ARTS AND RECREATION REPORTS

Nil

17. DELEGATE REPORT

18. QUESTIONS/URGENT BUSINESS

19. DEALING WITH MATTERS IN CLOSED SESSION ............................................ 61

iii

20. CONFIDENTIAL MATTERS

CON14/013 Property Matter

Item CON14/013 is confidential in accordance with s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

CON14/014 Conduct Reviewer's Investigation Report

Item CON14/014 is confidential in accordance with s10(A)(2)(i) of the Local Government Act because it contains lleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

DR CATHERINE DALE GENERAL MANAGER

NOTICE OF MOTION TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 25 NOVEMBER 2014 Page 4

NOM14/021 SEA LEVEL RISE

E13.7268

Responsible Officer: Milton Leslight - Councillor

Attachments: Nil

Councillor Milton Leslight has given notice that at the Ordinary Meeting of Council on 25 November 2014, he will move the following motion.

MOTION

THAT:

1. Council develops a new Interim Sea Level Rise Adaptation Policy using the SMEC Coastal Hazards Scoping Study as modified to represent sea level rise benchmarks and planning directives as endorsed by Council.

2. The new Interim Sea Level Rise Adaptation Policy is not to use Investigation Zones and is not to promote planned retreat for any part of the coastline without an independent cost/benefit analysis supporting retreat.

3. Until that new Interim Sea Level Rise Adaptation Policy is endorsed, the current Interim Sea Level Rise Adaptation Policy is to be modified to use the current planning benchmark of 40cm by 2050 only as shown in the SMEC Coastal Hazards Scoping Study. This will bring the Eurobodalla into line with the Shoalhaven which also used a SMEC Coastal Hazards Scoping Study. The Investigation Zone methodology and Planned Retreat is to be removed.

BACKGROUND

In 2009/2010 Council contracted the Snowy Mountains Engineering Corporation (SMEC) to perform a Coastal Hazards Scoping Study for the Eurobodalla coastline. This can be viewed at: http://www.esc.nsw.gov.au/development-and-planning/considerations/coastal-and-flooding-considerations/coastal-and-flood-management/adopted-plans/coastal-hazards-scoping-study. Similar studies formed the basis for Coastal Hazards Planning for many Shires along the NSW Coast. No other Shire used Investigation Zones like the Eurobodalla. This costly and detailed Study was not pursued in favour of an Interim Sea Level Rise Adaptation Policy developed independently by Council staff even though the SMEC Study was mostly completed before the Interim Sea Level Rise Adaptation Policy was presented to Council in July 2010. You will note that the Hazard Maps are dated June 2010. Analysis of property sales data over the past 10 years in the Eurobodalla and Bega Shires as well as the City of Shoalhaven conducted by RP Data has shown that since early 2011 property values have decreased in the Eurobodalla by $37,000 when compared to the Bega Shire and by $45,000 when compared to the City of Shoalhaven. In consideration that all three Local Government Areas are affected by similar, if not the same, external economic forces then it must be concluded that the catalyst for the property market downturn in the Eurobodalla is locally driven. The timing of the downturn closely coincides with when the full impact of the

http://www.esc.nsw.gov.au/development-and-planning/considerations/coastal-and-flooding-considerations/coastal-and-flood-management/adopted-plans/coastal-hazards-scoping-study

http://www.esc.nsw.gov.au/development-and-planning/considerations/coastal-and-flooding-considerations/coastal-and-flood-management/adopted-plans/coastal-hazards-scoping-study

NOTICE OF MOTION OR RESCISSION REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 25 NOVEMBER 2014 Page 5

NOM14/021 SEA LEVEL RISE 88888

Interim Sea Level Rise Adaptation Policy was felt. This has also coincided with a significant downturn in economic confidence in the Shire. In consideration that: 1. evidence shows that since the introduction of the Interim Sea Level Rise Adaptation

Policy the Eurobodalla has experienced a significant shire-wide downturn in property values;

2. Council previously endorsed consistency with neighbouring Shires in our sea level rise planning; and

3. the Mayor has advocated consistency for all Coastal Councils in our sea level rise planning then the Eurobodalla should get into step with what other Councils are doing about planning for sea level rise.

REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 25 NOVEMBER 2014 Page 6

GMR14/034 COUNCILLOR EXPENSES AND FACILITIES POLICY E08.2108

Responsible Officer: Dr Catherine Dale - General Manager

Attachments: Nil

Strategic Objective: Collaborative

Delivery Program Link: C1.2 Manage the organisation to effectively and efficiently meet our statutory obligations

Operational Plan Link: C1.2.1 Respond to legislative and policy requirements set by the Department of Local Government

EXECUTIVE SUMMARY

The Councillor Expenses and Facilities Policy was publicly exhibited in accordance with the Council resolution and no submissions were received. Adoption of the Councillor Expenses and Facilities Policy without amendment is therefore considered appropriate.

The purpose of this policy is to comply with the provisions of Section 252 of the Local Government Act 1993, and adopt policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to the Mayor and councillors in relation to discharging the functions of civic office.

RECOMMENDATION

THAT:

1. The Councillor Expenses and Facilities Policy be adopted;

2. The Office of Local Government be provided with a copy of the policy in accordance with S.253(4) of the Local Government Act.

BACKGROUND

At its Ordinary meeting held on 23 September 2014 Council considered a report on the Councillor Expenses and Facilities Policy and resolved:

THAT:

1. The amended Councillor Expenses and Facilities policy be placed on public exhibition for a period of 28 days commencing Wednesday 1 October 2014

2. A further report be presented to Council following considerations of any submissions received.

The amended Councillor Expenses and Facilities Policy was publicly exhibited in accordance with the Council resolution and no submissions were received.

CONSIDERATIONS

Councillor expenses and facilities policies should allow for councillors to receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties as elected representatives of their local communities.


GMR14/034 COUNCILLOR EXPENSES AND FACILITIES POLICY E08.2108

The preparation and review of these policies on an annual basis by Council is a mandatory requirement to ensure:

accountability and transparency in the reasonable and appropriate provision of facilities to councillors, and the reimbursement of expenses incurred by councillors;

that the facilities provided to assist councillors to carry out their civic duties are reasonable;

compliance with and awareness of legislative requirements under the Local Government Act 1993 with respect to councillor’s expenses and facilities;

consistency and fairness in the manner in which Council deals with councillor’s expenses and facilities and;

Council's requirements are readily accessible and understandable to the public.

The only amendment recommended for a change from the current policy is to increase the amount allocated to Councillor professional development by Consumer Price Index (CPI).

Policy

The Local Government Act sets out the annual policy review and adoption processes that must be followed. Councils must annually adopt a councillor expenses and facilities policy by 30 November each year (s252(1)).

Community Consultation

We have consulted with the community by seeking feedback through a 28 day Public Exhibition where the Councillor Expenses and Facilities policy was placed on Council’s website, at the Batemans Bay, Moruya and Narooma libraries and Moruya customer service centre.

No submissions were received.

CONCLUSION

The amended policy for the payment of Councillor Expenses and Facilities is recommended to Council in accordance with the Local Government Act and Regulations and Guidelines issues by the Department of Local Government.


GMR14/035 COUNCIL MEETINGS - LIVE STREAMING E13.7095

Responsible Officer: Dr Catherine Dale - General Manager

Attachments: 1. Costs Associated with Live Streaming Meetings


Delivery Program Link: C1.1 Conduct the business of Council in an inclusive, responsive and transparent manner

Operational Plan Link: C1.1.2 Support the conduct of effective Council meetings

EXECUTIVE SUMMARY

At the Ordinary Meeting of Council held on 14 October 2014, during discussion on the Code of Meeting Practice, Council requested that “a report be presented to Council outlining the cost and capacity to live stream Council meetings and that this report be prepared prior to the 9 December 2014 Ordinary Council meeting.”

This report advises of investigations to date on the feasibility and costs of live streaming Council meetings.

RECOMMENDATION

THAT Council receive and note the outcomes to date of investigations into the feasibility and costs of live streaming Council meetings.

BACKGROUND

Live streaming of Council meetings allows viewing of Council proceedings via the Internet without the need to attend in person. This can provide the community with greater access to Council decisions and debate, and addresses geographic barriers preventing the public from attending meetings.

As an adjunct to live streaming, live audio and archived recordings of previous Council meetings could also be accessed by links on a website.

CONSIDERATIONS

Live streaming is the transmission over the Internet of video of an event as it happens. To view the live streaming, users require a device running a supported operating system, supported web browser and speakers. There are minimum system requirements and minimum connection speeds to ensure the video will play smoothly and users will need to ensure they have sufficient data capacity to download.

Council will have no control over the quality or download speed available to individual users wishing to view live streaming or access archived material.

Following a review of the web sites of several councils that live stream their meetings, contact was made with a company providing live streaming services to councils in Queensland, Victoria and New South Wales, including Wollongong and Kiama in the local region.

A representative of the company has visited Eurobodalla and provided an estimate of costs to set up and maintain a live streaming service.



The recommended live streaming service would involve installation of three Panasonic Professional High Definition Pan Tilt Zoom Cameras, 1 Camera near the rear of the Council Chambers and 2 Cameras, 1 either side of the Mayors desk mounted on the ceiling bearers. This will give front on view of the Councillors and Directors as well as front view of the Mayors desk. The Panasonic Professional HD Pan, Tilt, Zoom, Cameras are controlled by a Touch Screen monitor (with up to 18 preset positions) and a video mixer to select the screen type. This system is designed to provide Council with a high quality long lasting camera solution.

The advantages of this include high definition quality, ease and simplicity of use, 3 high quality Panasonic Professional HD Pan Tilt Zoom Cameras, four channel/camera mixer for quad view and individual camera view.

This service would be hosted externally to our website, which will reduce bandwidth and data costs associated with live streaming. Council will work with Squiz, our content management system, to ensure seamless integrated with our current website for greater customer experience.

The recordings will begin at the start of each meeting and will stop at the beginning of the Closed Council agenda items. The current agenda item will also be viewable on the screen as the meeting takes place and is updated as the meeting progresses.

Currently this company is providing live streaming of Council meetings to the following Councils:

1. Wollongong City Council http://webcasts.wollongong.nsw.gov.au/

2. Gold Coast City Council http://council-live.goldcoast.qld.gov.au/

3. Bayside Council http://stream.bayside.vic.gov.au/

Costs associated with installation of this software are available in the confidential attachment.

Council has also investigated live streaming of Council meetings via a web camera. A web camera has a very short focal length and the configurations of the Chamber would require manual operation of that camera. This service would be run in-house and hosted on our website which would increase our data usage and costs. This internal system would not have all the features of the externally hosted system such as multiple screen viewing and Council could not guarantee high definition quality. Council envisage that the costs associated with hosting the live streaming internally would be similar to the externally hosted system.

Legal

Councillors and staff would need to be aware of any defamatory comments in Council meetings as they could be open to litigation.

Privacy:

Members of the public sitting in the gallery, as well as those addressing Council, need to be aware that proceedings are being recorded.

Policy

Information sought from this report will be included in the Code of Meeting Practice which is to be presented to the Council meeting on 9 December 2014 for the adoption.

http://webcasts.wollongong.nsw.gov.au/

http://council-live.goldcoast.qld.gov.au/

http://stream.bayside.vic.gov.au/



Financial

Currently no allowance has been made in the budget for this project.

Communication / Consultation

Council is in the process of consultation with the community on the Code of Meeting Practice. We are seeking feedback through a 42 day Public Exhibition where the Code of Meeting Practice is available on Council’s website, at the Batemans Bay, Moruya and Narooma libraries and Moruya customer service centre. The exhibition period will conclude on Wednesday 26 November 2014.

CONCLUSION

Live streaming of Council meetings will provide the community with greater access to Council decisions and debate, and addresses geographic barriers preventing the public from attending meetings.


PSR14/062 SOUTH COAST REGIONAL SEA LEVEL RISE PLANNING AND POLICY RESPONSE FRAMEWORK

E13.7268, E08.2166

Responsible Officer: Lindsay Usher - Director Planning and Sustainability Services

Attachments: Under Separate Cover

Focus Area: Sustainable

Delivery Program Link: S8.2 Plan for the impact of climate change on settlement including coastal hazard, flood impacts, bushfire

Operational Plan Link: S8.3.1 Participate in state and regional planning for natural resource management

EXECUTIVE SUMMARY

The NSW Government withdrew the NSW Sea Level Rise Policy Statement 2010 in September 2012 and subsequently advised councils to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion.

As a consequence of the State Government actions, Eurobodalla Shire Council and Shoalhaven City Council, with financial and technical assistance provided by the Office of Environment and Heritage, jointly engaged Whitehead and Associates and Coastal Environment Pty Ltd to prepare the South Coast Regional Sea Level Rise Planning and Policy Response Framework (Planning and Policy Response Framework).

The aims of the project were to:

i. Develop regionally relevant sea level rise projections for the Shoalhaven and Eurobodalla coastlines; and

ii. Develop a Risk Assessment and Policy Response Framework to address sea level rise for use by both councils in strategic planning, development control and consent activities.

These aims have been achieved through examination of four key areas:

The risk management environment, including planning and legislation

An assessment of the science of sea level rise

Advice regarding selecting an appropriate projection for future use; and

Advice regarding the application of a projection in a planning framework and policy response.

The Planning and Policy Response Framework was exhibited separately by Eurobodalla Shire and Shoalhaven City councils. The exhibition period in Eurobodalla was between Friday 1 August and Friday 26 September 2014. Eurobodalla received a total of 80 submissions in response to the exhibition. The submissions were provided to the consultants for consideration. The consultants response to the issues raised in each submission is attached.

The purpose of this report is to present Council with a summary of the submissions and a final draft Planning and Policy Response Framework for consideration and adoption.



E13.7268, E08.2166

RECOMMENDATION

THAT Council

1. Adopt the South Coast Regional Sea Level Rise Planning and Policy Response Framework for the purpose of applying development and planning controls, endorse the recommendations to adopt sea level rise associated with the following climate change scenario:

RCP8.5 from the Intergovernmental Panel on Climate Change Assessment Report 5 (2012)

Levels assessed as having a 15% chance of being exceeded.

2. Apply the adopted sea level rise projections and planning framework for the preparation and review of flood studies and coastal hazard studies for current and future planning conditions consistent with the planning periods determined by the Guidelines for Preparing Coastal Zone Management Plans 2013.

3. Review and amend any relevant Council planning policies to ensure provisions are consistent with the adopted South Coast Regional Sea Level Rise Planning and Policy Response Framework.

4. Receive a report of any proposed amendments to existing policies.

5. Write to the Premier of NSW, the Minister for Environment and our Local Member seeking that they adopt a State wide guideline for sea level rise consistent with the South Coast Regional Sea Level Rise Planning and Policy Response Framework. This will include ongoing monitoring of future Intergovernmental Panel on Climate Change reports to update their planning advice to local councils. Further to this, request that the NSW Government take responsibility for preparing all Coastal Hazard Studies in NSW to ensure consistent methods in examining coastal hazards and deliver better returns on research investment by reducing duplication of studies.

6. In the absence of the State adopting new guidelines consistent with (5) above, review and amend the South Coast Regional Sea Level Rise Planning and Policy Response Framework with each update from the Intergovernmental Panel on Climate Change or the CSIRO; which generally occurs every five to seven years and water level behaviour at the Fort Denison Tidal gauge.

7. Continue to monitor Australian and NSW Government advice including Stage 2 Coastal Reforms.

8. Respond to all who made submissions thanking them for their submission and advising them of Council’s decision.

BACKGROUND

Council has received a previous report on the withdrawal of the NSW Sea Level Rise Policy Statement 2010 and subsequent advice to all councils to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion.



E13.7268, E08.2166

The report presented to Council on 2 July 2013(PS13/08) discussed the options available to respond to the withdrawal of the NSW Government from offering advice on sea level rise for planning purposes. The four options presented were:

1. Adopt the current benchmarks applied in the Interim Sea Level Rise Adaptation Policy that reflect the advice previously offered by the NSW Government;

2. Collaborate with adjoining councils to engage an independent consultant to examine an appropriate range of regional sea level rise planning benchmarks;

3. Proceed independently to engage an independent consultant to examine an appropriate range of local sea level rise planning benchmarks; or

4. Maintain existing Policy.

Council adopted Recommendation (2) (Minute No PM13/13) and the neighbouring councils of Shoalhaven and Bega were formally invited to participate in the project, with Shoalhaven accepting the offer to collaborate in seeking a regional resolution to the issue.

Shoalhaven City and Eurobodalla Shire councils subsequently engaged Whitehead and Associates and Coastal Environment Pty Ltd to prepare a report and recommend an appropriate response to the advice issued by the NSW Government to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion. The consultants prepared the Planning and Policy Response Framework with the following aims:

i. Develop regionally relevant sea level rise projections for the Shoalhaven and Eurobodalla coastlines

ii. Develop a Risk Assessment and Policy Response Framework to address sea level rise for use by the Partner Councils in strategic planning, development control and consent activities.

A risk management approach was adopted to prepare the Planning and Policy Response Framework and set the context of the consultant’s recommendations. This approach was considered appropriate to manage the underlying uncertainties of sea level rise projections which include not knowing the amount of future greenhouse gas emissions or the precise year when a level of sea level rise will be reached.

The risk management approach proposed by the Planning and Policy Response Framework focusses on the following management considerations:

a projected level of sea level rise (the risk)

the expected consequences and

an appropriate range of policy response options

The risk management approach allows communities to plan actions in advance but delays an immediate response until the hazard triggers direct action at some point in the future.



E13.7268, E08.2166

The Planning and Policy Response Framework has been prepared with detailed consideration of the science, legislation and risk associated with sea level rise. The consultants have offered their best professional judgment in recommending an appropriate sea level rise projection that is consistent with advice from the NSW Government and can be relied upon by Council to minimise exposure to risk.

Councillors were briefed on two occasions during the preparation of the draft report. Once on 19 June 2014 where the project scope, methods and the recommendations of the consultants were explained in detail, and again on 4 November where the responses to each issue raised through the community submissions were presented. The final briefing focussed on how the consultants arrived at their final recommendations, particularly in respect to their consideration of the issues raised by the community.

CONSIDERATIONS

A range of scientific reports and papers were reviewed by the consultants before determining which source of information was the most reliable basis for determining a regional guideline for sea level rise.

Having reviewed the most recent report from the Intergovernmental Panel on Climate Change (IPCC AR5), the consultants concluded it provides a balanced representation of the present state of the science, including discussions relating to uncertainty and possible errors in assessment. The consultants consider that the modelled projections from the IPCC’s AR5 report are “widely accepted by competent scientific opinion” as required by the CZMP guidelines (OEH, 2013c) and other advice from the NSW Government. The consultants applied the AR5 projections to form a suitable basis for deriving local projections of relevance to the study area.

The Planning and Policy Response Framework discusses a range of projections for sea level rise associated with scenarios for climate change presented in the Intergovernmental Panel on Climate Change (IPCC) Assessment Report 5 (AR5). These are outlined in more detail in the following section discussing an appropriate regionally relevant sea level rise projection.

The consultants also examined local tide gauges to determine if there is any local variation from observed global and national averages for sea level rise. The consultants concluded there is no local variation between our region and the tidal record at Fort Denison in Sydney over comparative periods of record.

The absence of measured variations in sea level rise between the study area and the benchmark station in Sydney indicates there is no sound justification for the NSW Government not recommending a State wide guideline for sea level rise.

The potential duplication of expending limited finances across the State to prepare a regional planning response to sea level rise will extend to the NSW Government that provided funds for the project through the Coastal Management Program. In adopting a uniform approach to planning for sea level rise across the State, the NSW Government will eliminate the unnecessary expenditure of both local and state government financial resources.



E13.7268, E08.2166

Recommendation for appropriate regionally relevant sea level rise projections The Intergovernmental Panel on Climate Change (IPCC) report has four projections for climate change based on Representative Concentration Pathways for greenhouse gases, or RCPs:

RCP2.6 is a very low emissions scenario that includes the active removal of greenhouse gases from the atmosphere;

RCP4.5 and RCP6.0 are mid-range emissions scenarios that include a gradual reduction of emissions towards the next century; and

RCP8.5 is a high range emissions scenario which represents continuation with present patterns of energy use and energy sources.

RCP2.6 is not considered appropriate as it has already been exceeded. It is considered reasonable to conclude that the RCP4.5 and RCP6.0 scenarios will also be too low as these stabilise soon after 2100 and are not based on ongoing economic growth and use of fossil fuels. RCP8.5 represents a continuation of current emissions behaviour and most closely aligns with emissions scenarios from previous IPCC reports that have been applied for planning purposes, including the State Government’s previous policy statement on sea level rise. Each scenario was also considered within a risk management framework which determined the consequences of adopting a scenario that was too low outweighed the consequences of adopting a cautious approach. The consultant advises that the following scenario be adopted as a suitable basis for a sea level rise projection:

RCP8.5 (high range)

Levels assessed as having a 15% chance (1 in 6) of being exceeded

Following the consultant’s recommendations will give Council sea level rise projections of:

26cm by 2050 (above 2015 sea level)

98cm by 2100 (above 2015 sea level).

The reasons for recommending a high range scenario include:

Legal and planning advice

Assessing the consequences of adopting a projection that is too low

The projections do not differ significantly before 2050

Recent data illustrate current global emissions are increasing at levels consistent with the RCP8.5 scenario (Global Carbon Project, 2014) therefore RCP8.5 can be considered as a likely scenario

The IPCC report is considered as the most widely accepted and competent scientific opinion currently available.



E13.7268, E08.2166

The recommended projection meets Council’s legal duty of care. Adopting a high range scenario is consistent with the application of a risk management framework and a conservative approach to applying a policy response. The most accepted position on sea level rise projections should be considered when determining an appropriate planning response. A report by the NSW Chief Scientist and Engineer concluded the following in respect to the former State benchmarks: “The way the science has been used to date to determine benchmarks for sea level rise in NSW is adequate, in light of the evolving understanding of the complex issues surrounding future sea levels.” The previous benchmarks for sea level rise in NSW relied on the IPCC climate scenarios published in Assessment Report 4 (AR4) issued in 2007. The IPCC has published a more recent Assessment Report (AR5) in 2012 that reflects the evolving understanding of future sea levels and that report has formed the basis of the consultant’s recommendation. Applying the high range scenario from the most recent IPCC Assessment Report is consistent with the previous adopted approach of the NSW Government, which has been recognised as being adequate given the evolving knowledge on the topic.

Council and councillors are exempt from liability under Section 733 (Exemption from liability—flood liable land and land in coastal zone) of the NSW Local Government Act for decisions made relating to development of coastal and flood liable lands. However, exemption from liability is conditional upon advice being offered in good faith and based on the best information available at the time.

Council has been given a recommendation based upon credible and accepted information that is in accordance with advice from the NSW Government to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion. Adopting the recommendations from the consultant will provide Council with the means to offer advice in good faith and therefore meet the conditions for exemption from liability under Section 733 of the Local Government Act. Recommendation for appropriate response from State Government

The ability to rely on international projections for sea level rise to determine local guidelines, together with the comment by the NSW Chief Scientist and Engineer, presents a strong case to adopt the consultant’s recommendations.

In addition, there is no evidence to support the current NSW Government position of not providing uniform guidelines for sea level rise planning in NSW. The consultants found no significant local variations from the IPCC projections for offshore sea level rise values. Recommendation (5) is advocating a return to the NSW Government providing uniform guidelines for sea level rise planning in NSW.



E13.7268, E08.2166

Planning for sea level rise across NSW needs to be considered in the context of sea level rise being only one of many coastal hazards. Therefore it is a logical step to extend Recommendation (5) to the State completing the coastal hazard study component of preparing Coastal Zone Management Plans. This will ensure a consistent application of methods used to determine the scope of risks from coastal hazards and eliminate potential inconsistencies between the interpretation of the Guidelines between local councils and independent consultants. A State wide approach to identifying coastal hazards will also ensure appropriate consideration of coastal processes that operate independent of local government boundaries and facilitate the efficient consideration of changes to SLR projections.

Under this proposal, local councils will remain responsible for preparing the planning component of Coastal Zone Management Plans which includes consulting with local communities to determine specific local responses to managing the impacts of coastal hazards. Planning Approach Discussion of the Planning and Policy Response Framework within submissions, has focused on the level of sea level rise to be considered. This has drawn attention away from the key outcome of the project which is a proposed planning approach designed to provide a flexible and manageable response to sea level rise. The planning approach proposed by the Planning and Policy Response Framework, broadens the narrow range of planning periods (current, 2050, 2100) and allows for a more flexible range of potential development outcomes depending on the type of development proposed. Examples of the proposed flexible approach include:

A fifty year planning period for residential development

Shorter planning periods (less than 30 years) for developments requiring minimal infrastructure such as camping grounds or similar tourism related developments

Planning constraints are focused on matching the type of development to an appropriate adaptation rather than a “one size fits all” approach.

The Planning and Policy Response Framework proposes a range of planning periods from current day to a strategic planning category for time periods to 2100 and beyond. The strategic planning category will focus on major infrastructure, new urban releases and other significant developments that have a long-term design life or anticipated long-term utilization at a specific site. The Planning and Policy Response Framework aims to recognize the difference between new development and existing development. For existing development and new development within existing at risk areas, it is important to recognize the current economic and social utilization of the site and allowing that use to continue for as long as feasible. For this reason, it is proposed to apply shorter planning periods to development within these areas than currently applied in council’s existing policy. The shorter planning periods will be implemented in concert with flexible design solutions that do not preclude a range of future planning options.



E13.7268, E08.2166

The key advantage of the Planning and Policy Response Framework is that it offers a consistent framework that will require minimal review when the scientific advice is updated. This will allow planners and the community to become familiar with an accepted response to sea level rise and focus on developing design solutions. This will provide a degree of certainty around sea level rise by focusing on a consistent set of actions rather than the projections that will likely change over time. An example of how the Planning and Policy Response Framework will be applied as guidance for Development Controls is provide in Appendix C of the South Coast Regional Sea Level Rise Planning and Policy Response Framework. Unlike the projections that are determined by international experts, the local community will have the opportunity to contribute to how the Planning and Policy Response Framework is populated with a set of actions during and following the preparation of a Coastal Zone Management Plan. The preparation of the Coastal Zone Management Plan and subsequent development of a Planning and Policy Response Framework will provide opportunities for the local community to contribute to advancing planning for sea level rise in the Shire. Legal The Planning and Policy Response Framework offers a sound overview of legal advice that has been prepared for both councils in respect to managing coastal hazards and the consideration of climate change. In summary, Council has a duty to consider climate change, particularly in the following areas of planning law, policy and guidelines:

NSW Coastal Protection Act 1979

In order to benefit from the S733 of the Local Government Act 1993 (exemption from liability) Councils should ‘consider adopting projections that are widely accepted by competent scientific opinion’.

In order to benefit from the S733 of the Local Government Act 1993, councils must consider the Guidelines for Preparing Coastal Zone Management Plans 2013 and the NSW Floodplain Development Manual 2005 respectively

Councils must meet the minimum requirements of the Guidelines for Preparing Coastal Zone Management Plans 2013 when preparing a coastal zone management plan

The Environmental Planning and Assessment Act, 1979 requires that the New South Wales Coastal Policy be taken into account. The Coastal Policy indicates that:

i) actions should be taken to prevent problems for further generations; and ii) a ‘risk-adverse’ approach should be taken regarding land use planning for sea level

rise.

Section 55D (1) of the Coastal Protection Act 1979 directs that “a council is to prepare a draft coastal zone management plan in accordance with the Minister’s guidelines. The Minister’s adoption of guidelines for the purposes of the Coastal Protection Act 1979 was notified in the Government Gazette on 19 July 2013.



E13.7268, E08.2166

The Planning and Policy Response Framework will allow the preparation of a draft Coastal Zone Management Plan to satisfy the minimum requirements of the Guidelines for Preparing Coastal Zone Management Plans, 2013 (the Guidelines). In particular, the Guidelines direct councils to consider a range of planning periods to set strategic planning directions for coastal hazard areas. The Guidelines state that a coastal zone management plan “must categorise all private property subject to coastal hazards according to the degree of the hazard”. Three risk categories are presented in Table 5 on page 14 of the Guidelines.

1. Current hazard

2. 2050 hazard area (i.e. likely to be affected by erosion or recession in the next 40 years)

3. 2100 hazard area.(i.e. likely to be affected by erosion or recession in the next 40-90 years)

The Minister may refuse to certify a draft Coastal Zone Management Plan if it has not been prepared in accordance with the NSW Coastal Protection Act 1979 that directs a council is to prepare a draft coastal zone management plan in accordance with the Minister’s guidelines.

The planning guidelines and legal advice encourage a conservative approach to adopting a suitable sea level rise projection which promotes the selection of a higher range sea level rise projection. This approach is supported by legal advice provided to Council’s insurers, Statewide Mutual. This advice included:

“b. we consider that in the absence of compelling data supporting a benchmark significantly less than those set out in the Policy Statement, Councils will likely limit statutory defences otherwise available to them in any liability claim concerning the issue of the appropriateness of the benchmark selected;” Recommendations (1 and 2) of this report is offered in accordance with this advice. As noted earlier, Council and councillors are exempt from liability under Section 733 (Exemption from liability—flood liable land and land in coastal zone) of the NSW Local Government Act 1993 for decisions made relating to development of coastal and flood liable lands. To be afforded protection under Section 733, a Council must offer advice in good faith and in accordance with the best available information. If a council does not act in good faith and apply the best available information it will likely influence the Council’s and councillors’ protection (“will likely limit statutory defences otherwise available to them in any liability claim”). Compliance with the Minister’s guidelines is also a prerequisite to maintaining indemnity under Section 733 of the Local Government Act. The consultant’s recommendations forwarded in the Planning and Policy Response Framework represents the best available information to Council.



E13.7268, E08.2166

Policy

Council currently applies the Interim Sea Level Rise Adaptation Policy - 2010 (Min No: 10/157) in the consideration of coastal and flood related hazard assessment. This policy references the sea level rise planning benchmarks recommended in the NSW Sea Level Rise Policy Statement 2010 that was withdrawn by the NSW Government in September 2012.

An amendment to the existing interim policy that reflects the updated information will need to be undertaken as proposed under Recommendation (3).

Environmental

The Planning and Policy Response Framework will be referenced when reviewing and preparing environmental management plans relating to estuary management, opening lake entrances or specific environmental projects such restoration works.

Asset

The Planning and Policy Response Framework will provide a guideline for the design of infrastructure that is expected to be impacted by sea level rise over its design life. The Planning and Policy Response Framework can also inform strategic planning for the provision and location of key infrastructure; long-term programming and budgeting of infrastructure provision and; design of adaptable infrastructure that can be modified over time to avoid impacts from sea level rise.

Social Impact

Climate change presents a challenge to our whole community and this project represents only a single step in the process of making our community more resilient. Council needs to ensure the community is made aware of the potential impacts of sea level rise so decisions made by individuals are made with a degree of certainty and in full knowledge of the potential consequences.

Specific community impacts will be assessed and considered during the preparation of the Eurobodalla Coastal Zone Management Plan.

Economic Development Employment Potential

Council needs to adopt a consistent and defensible policy position for sea level rise to provide certainty to investors; mitigate potential liability to council and limit costs to the community. Adoption of the Planning and Policy Response Framework and the subsequent completion of associated management plans will provide the needed level of certainty to the community. The Planning and Policy Response Framework also enables Council to meet its legal obligations while facilitating the appropriate economic development of land within the coastal zone for the benefit of the community and the economy.



E13.7268, E08.2166


The Planning and Policy Response Framework was placed on public exhibition from Friday 1 August to Friday 26 September 2014.

The exhibition was supported by:

Mail out to all residents listed as flood affected and/or potentially at risk from sea level rise

Letter from the Mayor to each coastal council in NSW

Two public notices in the local papers

Media release

Two feature articles in local paper

Project web page

Briefing for Coastal Management Advisory Committee

Extended exhibition period

Material available at Council Customer Service Centre, and all three libraries including loan copies.

A total of 82 submissions were received in response to the public exhibition. Following a review by the consultants, two duplicate submissions were removed and one submission was withdrawn by the submitter; leaving a total of 79 submissions for review. The consultants considered each submission with input by staff from Eurobodalla Shire and Shoalhaven City councils on issues relating to operational matters beyond the scope of the project brief. A summary of all submissions and the issues raised prepared by the consultant was provided to councillors and is attached to this report. Councillors were provided with full copies of all submissions on 30 September 2014. Of the 79 submissions reviewed:

12 were supportive

67 were not supportive

In addition to the submissions received, Council staff attended to the following enquiries:

96 telephone enquiries

26 written replies to specific questions about a property or Council operations

6 front counter enquiries

The issues raised have been categorised into the broader topics of:

Governance

Community impact

Planning approach



E13.7268, E08.2166

Scope

Analysis of local information and review of AR5 projections

Reliability of IPCC and veracity of science

Miscellaneous

Correspondence and enquiries have been ongoing since the exhibition closed.

Staff

The project was managed in accordance with the Council resolution to collaborate with adjoining councils to engage an independent consultant to examine an appropriate range of regional sea level rise planning benchmarks (Minute No PM13/13). In accordance with this resolution, the project was managed by staff from each council with assistance from the Office of Environment and Heritage.

Staff from Eurobodalla Shire and Shoalhaven City councils have presented the recommendations forwarded by the consultant represent an appropriate response to advice issued by the NSW Government and the then Minister for the Environment, Robyn Parker on 4 April 2013, to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion, to minimize potential liability.

Financial

The project was supported by the Office of Environment and Heritage through the NSW Coastal Management Program that provided 50% of the project costs. The remaining budget was met by each of the two councils.

CONCLUSION

The consultants have delivered a report that is considered to be an appropriate response to advice issued by the NSW Government to adopt regionally relevant sea level rise projections commensurate with competent scientific opinion.

This has been achieved within the context of adopting a risk management approach that considers a range of adaptation responses.

The consultants have recommended a conservative risk based policy and planning response to considering an appropriate projection for sea level rise. As a consequence, the RCP8.5 scenario is recommended as the most appropriate basis for a sea level rise projection.

This recommendation if adopted by Council, will meet Council’s obligation to consider sea level rise in making planning and development decisions; is consistent with legal advice provided to Council; and will provide Council and councillors with protection offered under Section 733 of the Local Government Act 1993.

In view of there being no observed regional variation in sea level rise, Council should write to the NSW Government recommending that it adopt a uniform State wide guideline for sea level rise to eliminate potential duplication of research effort and unnecessary expenditure of limited local and State Government resources.


PSR14/063 ANNUAL REPORT 2013-2014 E12.6254




Delivery Program Link: C2.1 Coordinate the delivery of the Integrated Planning and Reporting Framework across the organisation

Operational Plan Link: C2.1.2 Prepare the Annual Report and progress reports

EXECUTIVE SUMMARY

Section 428 of the Local Government Act (LG Act) 1993 requires Council to prepare an Annual Report within five months from the end of the financial year, detailing its achievements in implementing its Delivery Program.

The report must also include the Council’s audited financial statements and any information required by the Regulation or the Guidelines.

The Annual Report as presented to Council complies with the LG Act.

RECOMMENDATION

THAT:

1. The draft Annual Report for 2013/2014 be received.

2. In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, Council adopt the draft Annual Report for 2013/14.

3. A copy of the Annual Report 2013/14 be placed on Council’s website and a copy of the Annual Report be forwarded to the Minister for Local Government.

BACKGROUND

Council is required, under the LG Act Section 428 and (General) Regulation 2005 Section 217, to prepare an Annual Report within five months from the end of the financial year (no later than November).

CONSIDERATIONS

The Annual Report is one of the key accountability mechanisms between a council and its community.

The Annual Report 2013/2014 provides a summary of Council’s achievements during the year reported against the budgets and activities set out in the combined Delivery Program 2013-2017 and Operational Plan 2013-2014 which implements key strategies set out in the Community Strategic Plan.

There is no standard format for the Annual Report under the Integrated Planning and Reporting framework. To assist the community better understand Council’s implementation of its Delivery Program against the Community Strategic Plan, this year’s Annual Report is presented in a number of sections:


PSR14/063 ANNUAL REPORT 2013-2014 E12.6254

Our year in review

Our organisation

Our achievements

In preparing this year’s Annual Report, the feedback regarding improvements, from the Australasian Reporting Awards in 2011-12, when Council received a Silver Award, was considered. In response, this year’s Annual Report includes more detail on our performance targets and multi-year trends and has made greater use of visual aids such as graphs and charts, to produce a more transparent and accessible document for our community.

The required Statutory and Other Information is included in the latter sections of the Report. The financial statements are contained in the attached Appendix A.

Legal

The Annual Report complies with the LG Act.

Asset

The Annual Report includes a Statement of the Condition of Public Works in the financial statements as required under 428(2d) of the LG Act.


The Annual Report will be available on the web and as a hard copy document on display at Council libraries and the Moruya Customer Service Centre.

Staff

Staff from across the organisation contributed information to the Annual Report.

Financial

The Annual Report incorporates the financial statements (including the Independent Auditor’s Reports) as required by the LG Act. The complete Financial Reports are included as Appendix A: Financial Statements and a separate attachment to this report.

The financial statements include General Purpose Financial Statements (GPFS), Special Purpose Financial Statements (SPFS) and Special Schedules. Council achieved an unqualified Audit Report for the GPFS, as well as an unqualified Audit Report for the SPFS. The Special Schedules are not currently required by legislation to be audited.

CONCLUSION

The Annual Report, including Statutory, Other Information and Financial Statements, for the year ended 30 June 2014 has been completed.

The Annual Report as presented to Council complies with the LG Act and is recommended for adoption.


PSR14/064 MINOR HOUSEKEEPING AMENDMENTS TO EUROBODALLA LOCAL ENVIRONMENTAL PLAN 2012

E14.8415



Strategic Objective: Sustainable

Delivery Program Link: S7.2 Maintain, update and communicate planning informations and issues

Operational Plan Link: S7.2.3 Monitor, report and communicate and implement changes relating to land use planning

EXECUTIVE SUMMARY

A minor housekeeping amendment to Eurobodalla Local Environmental Plan 2012 is required to correct a number of minor mapping, land use table and clause anomalies, errors and omissions that exist in the current instrument.

To progress a Local Environmental Plan amendment, Council must consider and resolve to prepare a Planning Proposal that is submitted to the Department of Planning and Environment for Gateway determination. An amendment may only proceed (or not) according to the Gateway determination given.

The purpose of this report is to advise Council of the amendments proposed in the housekeeping amendment to Eurobodalla Local Environmental Plan 2012, and to seek a resolution to forward a planning proposal to the Department of Planning and Environment for Gateway determination.

RECOMMENDATION

That Council:

1. Endorse the attached planning proposal to amend Eurobodalla Local Environmental Plan 2012, pursuant to Section 55 of the Environmental Planning and Assessment Act 1979, in order to address the housekeeping matters as outlined in Attachment (Planning Proposal – Housekeeping Amendments)

2. Forward the Planning Proposal to the Minister for Planning for Gateway determination pursuant to Section 56 of the Environmental Planning and Assessment Act 1979.

3. Advise the Director General of Planning that Council seeks to exercise delegations for undertaking Section 59(1) of the Environmental Planning and Assessment Act 1979.

4. If required, consult with the community and relevant government agencies as instructed by the Gateway determination.

5. Receive a report back on any planning proposal to which a written objection is received during consultation with the community as per the requirements of Section 57 of the Environmental Planning and Assessment Act 1979.

6. Note the plan will be made under delegation following the issue of a Gateway determination, if consultation is not required.



E14.8415

BACKGROUND

Eurobodalla Local Environmental Plan (LEP) 2012 was notified on 20 July 2012. Since then there have been six amendments for various reasons to the LEP.

Notwithstanding the above, Council staff have now had the opportunity to use and interpret the LEP and the associated maps for an extended period, and have identified anomalies, errors and omissions of a minor nature that require correction. Several landowners have also approached Council about zonings on their land not reflecting what was adopted by Council resolution December 2011.

CONSIDERATIONS

Legal

The amendments proposed to Eurobodalla LEP 2012 are to correct a number of minor mapping, land use table and clause anomalies, errors and omissions to ensure Council’s intent and previous resolutions in relation to these planning controls are achieved.

A high order summary of these amendments are provided in the table below. More detail of the amendments is provided in the Attachment.

Item No Name of item Intended Outcomes

A Mapping omissions This item seeks to zone certain urban lands under Eurobodalla

LEP 2012 that remain zoned under the Urban LEP 1999. As a

consequence the Urban LEP 1999 can be repealed.

B Mapping anomalies This item seeks to make minor amendments to various

Eurobodalla LEP 2012 maps to correct anomalies which

occurred during the finalisation of the maps for the LEP prior

to their publication.

C Land use table

anomalies

This item seeks to amend the land use table of certain zones

by adding additional land uses to Item 3 – Permitted with

Consent.

D Clause and schedule

anomalies

This item seeks to amend certain clauses to correct wording

errors and or omissions.

E Heritage item

descriptions and

mapping anomalies

This item seeks to ensure the local heritage items are correctly

listed and identified. The proposed amendments do not make

any changes to the heritage significance of the items.

F Exempt and

Complying

development

This item seeks to review the exempt and complying

development categories to maintain currency and consistency

with the State Environmental Planning Policy.



E14.8415

Policy

The planning proposal has been prepared in accordance with Department of Planning and Environment Guidelines for preparing Planning Proposals and Local Environmental Plan Amendments. A copy of this proposal is attached.

If endorsed by Council, the planning proposal will be forwarded to the Minister for Planning for Gateway determination.

A Gateway determination will confirm initial support for the planning proposal and identify what further technical studies and community consultation are required prior to the proposed amendments being determined.

Strategic Services staff recommend that Council seek delegations under Section 59(1) of the Environmental Planning and Assessment Act (EP&A Act) 1979 given the minor nature of the amendments proposed. These delegations enable Council to prepare the final reporting, drafting and mapping in order for the Minister of Planning to ‘notify’ the proposed amendments to Eurobodalla LEP 2012. Where Council does not exercise these delegations, the Department of Planning and Environment undertakes these requirements. This can add time delays to the process.

Environmental

Considered as part of the planning proposal report.

Social Impact




Communication/Consultation

Each planning proposal outlines the level of consultation required. This is in accordance with Department of Planning and Environment’s Guide to Preparing Local Environmental Plans.

Low impact proposals are exhibited for 14 days. These include proposals that: are consistent with the pattern of surrounding land use zones and/or land uses; are consistent with the strategic planning framework; present no issues with regard to infrastructure servicing; are not for a principal LEP; and do not reclassify public land. All other planning proposals are exhibited for 28 days.

Given the minor nature of the amendments, the planning proposal recommends that the exhibition period be waived, or if deemed necessary, be on exhibition for 14 days.

The Gateway determination will confirm the consultation requirements and any written referrals to relevant government agencies.

Staff

The work will be undertaken by Council’s Strategic Service Division within their current allocated work program and budget.



E14.8415

CONCLUSION

The matters dealt with in this planning proposal are minor in nature to correct a number of minor mapping, land use table and clause anomalies, errors and omissions to ensure Council’s intent and previous resolutions in relation to these planning controls are achieved.


PSR14/065 TENDER - TRANSPORT AND REUSE/RECYCLING OF BIOSOLIDS E14.8391


Attachments: 1. Confidential attachment - Tender - Transport and reuse-recycling of biosolids


Delivery Program Link: S1.2 Operate and maintain Council's sewerage systems

Operational Plan Link: S1.2.2 Provide treated effluent and sludge for reuse in community

EXECUTIVE SUMMARY

This report is to advise Council of tenders received and make recommendations for the transport and reuse/recycling of biosolids.

RECOMMENDATION

THAT Council formally accept the recommended tenderer in the confidential attachment for the Transport and Reuse/Recycling of Biosolids as detailed in the Tender document 2015/PS010.

BACKGROUND

Council produces approximately 3,000 tonnes of biosolids annually from its five sewage treatment plants and needs to dispose of these biosolids in an environmentally sustainable and cost effective manner. The options for biosolids disposal available to Council includes:

Beneficial use within the Eurobodalla. This option includes transporting biosolids from Council’s sewage treatment plants to local agricultural lands and incorporated into the soil to fertilise and improve the soil and enhance pasture production. This option requires agreements with landowners, and requires environmental investigations to confirm that the lands are suitable for the application of biosolids and to confirm constraints particular to each site.

Beneficial use outside the Eurobodalla. This option includes transporting biosolids from Council’s sewage treatment plants to an already approved biosolids handling facility (there are not any in the Eurobodalla).

Disposal to landfill. Biosolids disposal must be carried out in accordance with the Environmental Guidelines: Use and Disposal of Biosolids Products (EPA, 1997), otherwise referred to as the biosolids guidelines. The guidelines classify biosolids according to a stabilisation grade and a contaminant grade and stipulate the acceptable disposal options for the biosolids classification. On occasions, the biosolids produced at some of Council’s sewage treatment plants do not meet the contaminant grade required to enable application to agricultural land. Also, during


PSR14/065 TENDER - TRANSPORT AND REUSE/RECYCLING OF BIOSOLIDS E14.8391

wet years, biosolids application to local agricultural land may not be suitable due to the soil moisture content or site inaccessibility. On these occasions, the biosolids have been disposed of to landfill at the Surf Beach Waste Management Facility. However, the ongoing disposal of large quantities of biosolids at Council’s landfill significantly reduces the available airspace and inevitably brings forward the need for new waste cells or a new landfill facility. Earlier this year Waste Services trialled removal of biosolids by a composting contractor to determine if this could be undertaken on an ongoing basis. This contractor operates a licenced composting facility in Western Sydney. As the composting process includes blending the biosolids with other biosolids, the contaminant grade is not an impediment. This tender was to test the market to see if any other reuse/recycling solutions could be provided on an ongoing basis from either Surf Beach WMF or Batemans Bay STP. The tender is for a period of 1 year with an option for a further 1 year at Council’s discretion.

CONSIDERATIONS

As a result of advertising through Council’s noticeboard, a national newspaper and through Tenderlink, four tenders were received for the transport and reuse/recycling of biosolids. Four staff members were on the tender evaluation panel and evaluated the tenders according to the following selection criteria: 1. Quoted price rate; 2. End use of product; 3. Conformation with specifications.

Only one tender conformed to the specifications, in particular, the requirement to remove the biosolid material on an ongoing basis. All other tenders were non-conforming on this requirement but fully complied with all other requirements of the specifications and may be considered where the need to remove the biosolids on an ongoing basis is not necessary.

Environmental

By reusing the biosolids will provide a significant environmental benefit.

Asset

Reusing biosolids saves the landfill space and thus prolongs the landfill asset.

Financial

This tender will provide some savings to the Sewer fund and prolong the life of the waste management facility resulting in savings to the community.

CONCLUSION

Based on tender assessment criteria, it is concluded that the tenders recommended for acceptance represents the best value for money to Council.


PSR14/066 TENDER FOR LITTER BIN COLLECTION CONTRACT E14.8404


Attachments: 1. Confidential attachment - Tender for Litter bin collection contract

Strategic Objective: Liveable

Delivery Program Link: L5.2 Manage and maintain a safe, sustainable and accessible range of community spaces

Operational Plan Link: 5.2.1 Undertake maintenance program

EXECUTIVE SUMMARY

Tenders have been received for the collection of litter bins throughout Eurobodalla.

The tenderers were required to provide three options for Council’s consideration.

Tenders have been assessed and a preferred tenderer selected for consideration by Council.

RECOMMENDATION

THAT

1. In accordance with the Local Government (General) Regulation 2005, Clause 178, Council decline to accept any of the tenders which Council has received for the litter bin collection contract tender.

2. Council delegate to the General Manager the authority to undertake negotiations with the tenderer ranked No 1 in the confidential attachment, with a view to entering into a contract in relation to the subject matter of the tender.

3. A further report be presented to Council following completion of negotiations.

BACKGROUND

The collection of litter bins is carried out across the Eurobodalla Shire in town centres, parks, sporting facilities, boat ramps, beaches and other outlying areas. The collection is conducted to accommodate the peak holiday periods by providing additional services.

This tender is providing a baseline of the current service delivered and alternatives to assist Council in selecting an option.

The opportunity was taken to obtain prices for servicing of banks of litter bins currently operating under separate commercial arrangements with contract suppliers. The swimming pools, community facilities and banks of bins are the areas that could benefit under the pricing schedules provided by this tender process.

CONSIDERATIONS

The invitation to tender was advertised in the Sydney Morning Herald, local papers and on the web through Tenderlink. Tenders closed on 22 October 2014, tenders were received from two companies.



Tenders were evaluated on the following criteria:

Price

Relevant experience and track record

Commitment to reducing litter and illegal dumping

Company structure and resources

Environmental performance and emission standards of fleet

Work Health and Safety Option 1 provides a base case ie. the current level of service.

Servicing Required South Collections per week North collections per week

Peak (12 weeks) Off Peak Peak (26 weeks) Off Peak

All Bins 7 3 7 5

Peak occurs for all School Holidays and from the Christmas Holidays to Easter in the North area. Option 2 – Optimum servicing (including community facility bins)

Servicing Required South Collections per week North Collections per week

Peak (14 Weeks) Off Peak Peak (14 Weeks) Off Peak

Town 7 3 7 5

High Use 5 3 5 3

Outlying Areas 2 1 2 1

The frequencies of collection depend on the service area which has been divided into North and South, and the level of servicing required for Peak and off Peak in Town, High Use and Outlying areas. There is no reduction in the number of litter bins. Option 3 - Reduced servicing (including community facility bins)

Servicing Required South Collections per week North Collections per week

Peak (14 Weeks) Off Peak Peak (14 Weeks) Off Peak

Town 7 3 7 5

High Use 5 3 5 3

Outlying Areas 2 1 2 1



This option is the same servicing as Option 2 however in this option bins in areas that are abused or known for illegal dumping are removed. The frequencies of collection depend on the service area. This option removes 126 litter bins from the service, which currently has a total of 575 bins.

Environmental

Bins are provided to prevent littering and assist in preserving amenity and minimising the impact on the environment.

Asset

Nil

Social Impact

The presence of litter bins provides the opportunity for the community to dispose of litter and contribute to protecting the environment.

Financial

The budget estimate for 2014/15 financial year for the collection of litter bins is $348,000. The selection of an option will determine the proposed budget variation.

CONCLUSION

Two companies responded to the request for tenders for the collection of litter bins.

Three options have been provided for Council’s consideration.


PSR14/067 LIQUID TRADE WASTE SERVICE AGREEMENT E96.0158


Attachments: Nil


Delivery Program Link: S1.2 Operate and maintain Council's sewerage systems

Operational Plan Link: S1.2.1 Operate sewerage systems

EXECUTIVE SUMMARY

The NSW Office of Water has granted concurrence for Council to issue an approval to Poo Carters Pty Ltd septic waste removal services to discharge septic tank effluent and septage to Council’s Moruya, Narooma and Batemans Bay Sewage Treatment Works subject to the endorsement of a Liquid Trade Waste Services Agreement. This report seeks authorisation for the General Manager’s signature and to affix Council’s Common Seal for the execution of the Liquid Trade Waste Services Agreement.

RECOMMENDATION

THAT the authority be given to affix the Common Seal of Council to the Liquid Trade Waste Services Agreement with Poo Carters Pty Ltd.

BACKGROUND

A person wishing to discharge liquid trade waste to the sewage system must, under section 68 of the Local Government Act 1993, obtain approval from Council. Poo Carters Pty Ltd has sought formal approval to discharge tankered wastes to Council’s Moruya, Narooma and Batemans Bay Sewerage Treatment Works.

CONSIDERATIONS

Council cannot grant approval under section 68 of the Local Government Act 1993 to discharge liquid trade waste into a sewer of the Council unless the Director-General of the NSW Office of Water has concurred with the approval. Council has received concurrence from the Director-General of the NSW Office of Water provided that a Liquid Trade Waste Services Agreement is entered into by Council and Poo Carters Pty Ltd.

Legal

Execution of the Agreement requires the General Manager’s signature and affixing the Common Seal applied.

Policy

Council’s adopted policy the http://www.esc.nsw.gov.au/inside-council/council/council-policies/policies/Liquid-Trade-Waste-Regulation-Policy.pdf

http://www.esc.nsw.gov.au/inside-council/council/council-policies/policies/Liquid-Trade-Waste-Regulation-Policy.pdf

http://www.esc.nsw.gov.au/inside-council/council/council-policies/policies/Liquid-Trade-Waste-Regulation-Policy.pdf


PSR14/067 LIQUID TRADE WASTE SERVICE AGREEMENT E96.0158

Environmental

Poo Carters Pty Ltd will provide a valuable service to the Eurobodalla in removing sludge and effluent from properties and disposing of the waste to the Environmental Protection Agency licensed sewage treatment plants.

Asset

A Liquid Trade Waste Services Agreement allows for the management of operational issues which may affect asset performance.


Community consultation is not a prerequisite in the granting of a Liquid Trade Waste Service Agreement.

Staff

Execution of the Agreement will provide a sound base for Council officers to manage the waste discharge process responsibly.

Financial

Pumpout service providers pay a discharge fee of $4.00 per kilolitre of effluent and $25.00 per kilolitre of septage discharged to Council’s sewage system. This fee represents the cost of treating the effluent.

CONCLUSION

Council will comply with New South Wales Office of Water’s conditions of concurrence by executing the Liquid Trade Waste Services Agreement and this will assist in the efficient management of operational issues.


PSR14/068 DONATION OF DEVELOPMENT APPLICATION FEES FOR TILBA DISTRICT CHAMBER OF COMMERCE INC

88.1356.D


Attachments: Nil

Strategic Objective: Productive

Delivery Program Link: P1.1 Facilitate growth and development of our business community

Operational Plan Link: P1.1.1 Strengthen partnerships between council and the business community

EXECUTIVE SUMMARY

Application has been made for a donation of development application fees paid in relation to Development Application 12/15 approved 25 August 2014 for replacement of a directional sign to the Central Tilba National Trust Village. The sign is located on Lot 3 (No.88) Victoria Creek Road, Central Tilba.

RECOMMENDATION

THAT a donation be made to the Tilba District Chamber of Commerce Inc to the value of $174.00 being the assessment fee for Development Application 12/15 in accordance with Council’s Code of Practice – Reimbursement – DA fees.

BACKGROUND

The request for refund of fees is made by the Tilba District Chamber of Commerce Inc being a volunteer, not for profit organisation.

CONSIDERATIONS

Policy

Item 6 of Council’s Code of Practice – Reimbursement –DA fees, allows for a 100% refund of the development application paid by non-profit, voluntary/community groups.

Financial

Schedule of fees paid are:

Development Application Fee $110.00

Consent Advertising $64.00

CONCLUSION

In accordance with Council’s Code of Practice – Reimbursement – DA fees, it is recommended that a donation of $174.00, being the relevant development application fee, be made to Tilba District Chamber of Commerce Inc.


FBD14/073 LICENCE FOR FOOTPATH TRADING - MORUYA 86.3407.D

Responsible Officer: Anthony O’Reilly - Director Finance and Business Development

Attachments: Nil

Strategic Objective: Support Services

Delivery Program Link: SS3.3 Provide administrative, technical, professional and trade services

Operational Plan Link: SS3.3.4 Manage Council property to achieve best value to the community

EXECUTIVE SUMMARY

An application has been received from a retail business in Queen Street, Moruya to display goods for sale on the footpath adjacent to the premises. The proposal does not comply with the provisions of Council’s Footpath Trading Code, however this report recommends approval of the application and granting of a three-year licence. The variation to the Code is considered reasonable in this case.

RECOMMENDATION

THAT:

1. An exemption to Council’s Footpath Trading Code be made to permit a trade zone of .85m adjacent to the property boundary of Lot 11 DP 702756 Queen Street, Moruya.

2. A licence be granted to the proprietors of The Reject Shop with terms and conditions including:

(a) A three-year term.

(b) Payment of a licence establishment fee in accordance with Council’s fees and charges.

(c) Rent in accordance with Council’s adopted fees and charges.

(d) Provision of evidence and maintenance of public liability insurance in the amount of $20 million during the licence period.

(e) Compliance with the Operator’s responsibilities set out in Council’s Footpath Trading Code.

BACKGROUND

An application has been received from the proprietors of The Reject Shop for a licence to display goods for sale on the footpath adjacent to the property boundary of their premises in Queen Street, Moruya.

CONSIDERATIONS

Council’s Footpath Trading Code was developed on the basis of best practice in ensuring safe and unhindered access for all pedestrians, including those with impaired sight.



The photographs below show the zones according to the Footpath Trading Code, the proposed location of the display of goods for sale and the location of a Council bench seat within the pedestrian zone.

From the photographs it can be seen that due to the placement of Council’s bench seat within the pedestrian zone, compliance with the Code would actually disrupt safe pedestrian access.

Legal

There is no legislative imperative preventing an exemption to the Code.

In accordance with Section 139A of the Roads Act 1993 Council can give approval for footpath trading and grant a licence over part of a public road for which Council is the Roads Authority.

Policy

The location of the proposed trade zone does not comply with Council’s Footpath Trading Code as it is adjacent to the shop front.




Additional trading space for retail businesses allows development of those businesses, enhancing their financial viability.

Financial

Council has adopted fees and charges in relation to the granting of licences for display of goods on footpaths and these should be reflected in the licence agreement.

CONCLUSION

The proposed display of goods for sale adjacent to Lot 2 DP 758754 Queen Street, Moruya does not comply with Council’s Footpath Trading Code however, an exemption to the Code in terms of permitting the trade area adjacent to the property boundary will in this case allow for continued safe and unhindered access for pedestrians and is considered to be a reasonable exception to the Code.

REPORTTO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY, 25 NOVEMBER 2014 Page 40

FBD14/074 INVESTMENTS MADE AS AT 31 OCTOBER 2014 E99.3517


Attachments: Nil


Delivery Plan Link: SS1.1 Manage Council's financial assets and obligations

Operational Plan Link: SS1.1.2 Undertake forward budgeting and financial reporting

EXECUTIVE SUMMARY

The purposes of this report are:

To certify the Council's investments in financial instruments have been made in accordance with the legal and policy requirements.

Provide information on and details of investments.

Raise other matters relevant to investing as required.

RECOMMENDATION

THAT the certification that the investments as at 31 October 2014 have been made in accordance with the Act, the Regulations and Council's investment policies, in accordance with the provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, be received.

Legal

Actual investment legal costs for the financial years 2008-2014 are $0.37M. Budgeted legal fees are $0.03M for 2014-2015 with only minor net expenditure incurred year to date.

Policy

Investments comply with Council policy with the exception of government guaranteed deposits which are 1.15% under the 20% required by the investment policy. If the portfolio fails to rebalance over the next couple of months further government guaranteed investments will be purchased.

Financial

Council Investing Overall

- 10.00 20.00 30.00 40.00 50.00 60.00 70.00

BANK DEPOSIT

GOVERNMENT DEPOSITS

Investments WDV ($'m)



Type Bank

Deposits Government

Deposits Grand Total

Investments WDV ($'m) 63.37 12.00 75.37

WDV % 84.06 15.94 100.00

Council has 100% ($75.37M) invested in bank deposits or Northern Territory government guaranteed term deposits. Bank deposits are in banks rated A or greater or covered by the AAA rated Government Guarantee (except $5.75M with IMB (Rated BBB), $5.75M with ING Bank (Rated A-) and $5.75M with the Bank of Queensland (Rated A-)). Investment in Government Guaranteed Deposits is $14.25M and represents 18.85% of the portfolio which is below the 20% required in the policy. The weighted average return for all investments for the month is 3.44% which is above the Council policy benchmark of Bank Bill Swap rate (“BBSW”) + 0.25% (2.97%).

Collateralised Debt Obligation (“CDO”) Council no longer holds any CDO’s A Proof of Claim has been lodged on behalf of Council in respect of the scheme of arrangement (Scheme) between Lehman Brothers Australia Limited (in liquidation) and its Scheme Creditors. This matter will now proceed to finalisation which is expected before the year end. Legal action against the Commonwealth Bank is proceeding and any developments will be advised when information is received.

Summary Investment Information The following tables summarises investment categories and balances at month end.

CATEGORY WDV ($)

At Call Deposit Government Guaranteed 250,000

At Call Deposit 2,124,957

Term Deposits 59,000,000

Term Deposits Government Guaranteed 14,000,000

$75,374,957

Weighted Average Interest %: 3.44%

Average 90 day BBSW + 25%: 2.97%

Policy and Liquidity Risk The investment policy is divided into two risk categories of credit risk (risk of ultimately not being able to redeem funds) and liquidity risk (risk of loss due to the need to redeem funds



earlier than the investment term). Our investments comply with the risk policy as shown in the following table.

Policy Risk Low Liquidity

Risk % Medium

Liquidity Risk % High Liquidity

Risk %

Total %

WDV

Remote Risk 18.85 0.00 0.00 18.85

Policy Limit 100.00 70.00 50.00

Near Risk Free 58.23 0.00 0.00 58.23

Policy Limit 80.00 50.00 30.00

Some Limited Risk 22.92 0.00 0.00 22.92

Policy Limit 30.00 20.00 10.00

At Risk 0.00 0.00 0.00 0.00

Policy Limit 0.00 0.00 0.00

Grand Total: 100.00 0.00 0.00 100.00

The unrestricted current ratio is the amount of unrestricted current assets compared to each dollar of current liability. The Department of Local Government suggests 1.5:1 and the audited unrestricted current ratio as at the 30 June 2014 is 2.85:1. Council is therefore expected to have approximately $2.85 of current assets for each $1 of current liabilities.

CONCLUSION

Certification Pursuant to provision of Clause 1 (Reg 212) of the Local Government (General) Regulation 2005, I hereby certify that these investments have been made in accordance with the Act and related Regulations.


FBD14/075 CODE OF CONDUCT COMPLAINTS REPORT E13.7162

Responsible Officer: Jeff Phillips - Complaints Coordinator

Attachments: 1. Model Code of Conduct Complaints Report


Delivery Program Link: C1.2 Manage the organisation to effectively and efficiently meet our statutory obligations

Operational Plan Link: C1.2.1 Respond to legislative and policy requirements set by the Department of Local Government

EXECUTIVE SUMMARY

The Office of Local Government (OLG) requires Council to submit a Code of Conduct Complaints Report by the 30 November each year. Council submitted the Code of Conduct Complaints Report to the OLG on the 29 October 2014. A copy of the report is attached for Councillor information. The report includes statistical information on code of conduct complaints relating to Councillors and the General Manager from the 1 September 2013 to 31 August 2014. As part of this process the report must be presented to Council by the 31 December.

RECOMMENDATION

THAT Council receive and note the Code of Conduct Complaints Report.

BACKGROUND

The Model Code of Conduct states a council official must act in a manner that is not likely to bring Council or holders of civic office into disrepute. Specially, they must not act in a way that:

a) Contravenes the Act, associated regulations, council’s relevant administrative requirements and policies

b) Is detrimental to the pursuit of the charter of a council

c) Is improper or unethical

d) Is an abuse of power or otherwise amounts to misconduct

e) Causes, comprises or involves intimidation, harassment or verbal abuse

f) Causes, comprises or involves discrimination, disadvantage or adverse treatment in relation to employment

A council official must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their functions under the Act or any other Act. Further, they must treat others with respect at all times.

When a complaint is lodged with a conduct reviewer they will conduct a preliminary assessment for the purpose of determining how the complaint is to be managed. The conduct reviewer may determine one or more of the following:

to take no action



to resolve the complaint by alternative and appropriate strategies such as, counselling, training, mediation, informal discussion, negotiation or apology, or

refer the matter back to the general manager for alternative and appropriate strategies such as, counselling, training, mediation, informal discussion, negotiation or apology, or

to refer the matter to another agency or body such as, ICAC, the NSW Ombudsman, the Office of Local Government or the Police, or

to investigate the matter, or

to recommend that the complaints coordinator convene a conduct review committee to investigate the matter.

If the conduct reviewer believes the complaint needs to be investigated, the conduct reviewer may make one or more of the following recommendations on completion of the investigation:

that the council revise any of its policies or procedures,

that the subject person undertake any training or other education relevant to the conduct giving rise to the breach,

that the subject person be counselled for their conduct,

that the subject person apologise to any person or organization affected by the breach in such a time and form specified by the recommendation,

that findings of inappropriate conduct be made public,

in the case of a breach by a Councillor, that the Councillor be formally censured for the breach under section 440G of the Act,

in the case of a breach by Councillor, that the council resolves as follows:

- that the Councillor be formally censured for the breach under section 440G of the act, and

- that the matter be referred to the Office of Local Government for further action under the misconduct provisions of the Act.

The Model Code of Procedures (for administrating the Model Code of Conduct) states that the following statistics must be reported to Council within three months from the end of September each year.

Total number of complaints received in the period about Councillors and the General Manager under the code of conduct

Total number of complaints finalised in the period about Councillors and the General Manager under the code of conduct

Number of complaints finalised at the outset by alternative means by the General Manager or Mayor

Number of code of conduct complaints referred to a conduct reviewer

Number of code of conduct complaints finalised at preliminary assessment by conduct reviewer



Number of finalised code of conduct complaints investigated by a conduct reviewer

Number of finalised code of conduct complaints investigated by a conduct review committee

Number of finalised complaints investigated where there was found to be no breach

Number of finalised complaints investigated where there was found to be a breach

Number of complaints being investigated that are not yet finalised

Total cost of dealing with code of conduct complaints within the period made about Councillors and the General Manager including staff costs

CONSIDERATIONS

All complaints received against Councillors and the General Manager from the 1 September 2013 to the 31 August 2014 have been included in this report. The conduct reviewer resolved one complaint by alternative and appropriate strategies by way of a public apology.

There were two code of conduct complaints that were investigated by the conduct reviewer in the period however not finalised. The complaints have now been finalised. The findings of these complaints are not reported in the 2013-2014 Code of Conduct Complaints Report as they were not finalised in this reporting period. They will be included in the 2014-2015 reporting period.

Legal

The Model Code of Procedures for administration of the Model Code of Conduct states that a Code of Conduct Complaints Report must be presented to Council within three months from the end of September each year.

Policy

The Code of Conduct Complaints Report is a requirement of the Model Code of Procedures for the administration of the Model Code of Conduct.

Social Impact

Enhancing transparency of Council Policy and procedures.


The Model Code of Conduct is a mechanism that allows the public to submit complaints for breaches of the code by Councillors and the General Manager. The Model Code of Conduct has been developed to assist council officials to act in a way that enhances public confidence in the integrity of local government.

Staff

Code of Conduct complaints against staff are not included in the Code of Conduct Complaints Report.

Financial

The total cost of dealing with code of conduct complaints relating to Councillors and the General Manager including staff costs is $11,389.17. For the same period last year the cost was



$1,982.00. The majority of the cost applies to the preliminary assessments of the conduct reviewers.

CONCLUSION

The Code of Conduct Complaints Report has taken into account all the requirements listed in the Model Code of Procedures for administration of the Model Code of Conduct. Council submitted the Code of Conduct Complaints Report to the Office of Local Government on the 29 October 2014. It is recommended that Council receive and note the Code of Conduct Complaints Report.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/075 CODE OF CONDUCT COMPLAINTS REPORT ATTACHMENT 1 MODEL CODE OF CONDUCT COMPLAINTS REPORT

Page 47

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/075 CODE OF CONDUCT COMPLAINTS REPORT ATTACHMENT 1 MODEL CODE OF CONDUCT COMPLAINTS REPORT

Page 48


FBD14/076 HUNTFEST - VARIATION TO LICENCE SUBMISSIONS E12.6277


Attachments: Nil




EXECUTIVE SUMMARY

In accordance with Council’s resolution of 26 August 2014, following the receipt of a request from the South Coast Hunters Club for amendments to their licence to conduct the Huntfest event at NATA Reserve, the proposed amendments involving weaponry and ammunition were publicly exhibited and submissions called for.

As a result over 500 submissions were received with similar numbers supporting and opposing the amendments.

RECOMMENDATION

THAT Council note the information contained in the submissions from the public consultation process.

BACKGROUND

At its Ordinary meeting held on 26 August 2014 Council considered a notice of motion regarding the annual Huntfest event and resolved:

THAT in regard to the current Huntfest licence should any further amendments regarding weaponry and / or ammunition be applied for in the lead up to the 2015 Huntfest that consultation occur for a period of 28 days and a report be presented to council within 49 days of the original advertising of the amendment.

On 5 September 2014 a letter was received from the South Coast Hunters Club requesting three amendments to their licence to conduct Huntfest.

One amendment was to allow all legal activities covered under an Arms Fair Permit, a second to permit the operation of a mobile air rifle range and a third to increase the licence area to cover the whole of NATA reserve to allow for expanded exhibition area and parking.

CONSIDERATIONS

The first two requested amendments satisfy the Council resolution to consult.


In accordance with Council’s resolution, the request for the amendments providing for all legal activities covered by an Arms Fair Permit and the operation of a mobile air rifle range was publicly notified for 28 days commencing 10 September 2014 until 8 October 2014.


FBD14/076 HUNTFEST - VARIATION TO LICENCE SUBMISSIONS E12.6277

Information and documents relating to the public exhibition, including the NSW Police Arms Fair Fact Sheet and the Mobile Shooting Range Fact Sheet, were placed on Council’s website, and at its Moruya customer service centre and libraries in Batemans Bay, Moruya and Narooma.

A total of 511 submissions were received with 1 duplicated.

A breakdown of the submissions is set out in the table below.

Support Amendments

Oppose Amendments

Total

Residents 38 166 204

Non-residents 196 39 235

Not Specified 37 13 50

Total 271 218 489

21 submissions failed to address the amendments before Council.

Of the 218 submissions opposing the amendments 52 were silent on the mobile air rifle range with 2 supporting its operation at the event.

Whilst a number of the submissions gave no specific reason for supporting the amendments, broadly the submissions cited economic benefit, freedom of choice and increased attendance as reasons for support for the amendments. A total of 271 submissions supported the amendments.

Similarly a number of submissions gave no specific reason for opposing the amendments, broadly the submissions cited damage to the environment, concern for increased gun ownership, public safety, danger of increased gun culture, tarnishing of the Nature Coast brand and concern for the influence on children. A total of 218 submissions opposed the amendment to provide for all legal activities covered by an Arms Fair Permit with 166 of those opposing the operation of a mobile air rifle range and 2 supporting the rifle range.

Copies of the submissions have been confidentially provided previously to Councillors.

CONCLUSION

The proposed amendments sought to the licence to conduct the Huntfest event which required consultation have been publicly exhibited and over 500 submissions received.


FBD14/077 HUNTFEST - VARIATION TO EVENT LICENCE E12.6277


Attachments: 1. Fact Sheet - Mobile Shooting Range 2. Fact Sheet - Arms Fair Permit




EXECUTIVE SUMMARY

A request has been received from the South Coast Hunters Club for amendments to their licence to conduct the Huntfest event allowing for an extension to the licence area to cover the whole of NATA reserve, to permit the operation of a mobile air rifle range and to allow all legal activities covered under an Arms Fair Permit.

In accordance with Council’s resolution of 26 August 2014, the request for the amendments providing for all legal activities covered by an Arms Fair Permit and the operation of a mobile air rifle range was publicly notified for 28 days commencing 10 September 2014 until 8 October 2014. Over 500 submissions were received with similar numbers supporting and opposing the amendments.

There is no legal reason for Council to decline the amendment to increase the licence area and no legal reason for Council not to grant the requested amendments to provide for all legal activities covered by an Arms Fair Permit and the operation of a mobile air rifle range, noting any amendments will be subject to consent by the Minister administering the Crown Lands Act, 1989.

RECOMMENDATION

THAT:

1. Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a variation to the five-year licence to conduct the Huntfest event within NATA Reserve issued to South

Coast Hunters Club Inc. to provide for the following subject to consent of the Minister administering the Crown Lands Act.

(a) To extend the licence area to cover the whole of NATA reserve;

(b) To permit the operation of a mobile air rifle range; and

(c) To allow all legal activities covered under an Arms Fair Permit subject to the issue of an Arms Fair Permit by NSW Police.

2. All costs associated with the proposed variation to the licence including an administration fee of $1,100 be borne by the Licensee.



BACKGROUND

At its Ordinary meeting held on 23 October 2012 Council considered a report on the Huntfest event and resolved: THAT Subject to the consent of the Minister administering the Crown Lands Act 1989 Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a five-year licence, in accordance with Section 102 of the Crown Lands Act 1989, to South Coast Hunters Club Inc to conduct the Huntfest event within Crown Reserve R63051 at the Narooma Leisure Centre annually over the June long weekend, commencing 1 June 2013 and terminating 31 May 2018 subject to conditions including: (a) A licence fee in accordance with Council’s adopted fees and charges for use of Council

facilities.

(b) Payment of a $1,000 bond, refundable if the area is left clean and undamaged.

(c) Provision of evidence of public liability insurance cover for $20 million noting Council and the Minister administering the Crown Lands Act as interested parties.

(d) The event organiser will be responsible for ensuring that all aspects of the event will be undertaken in accordance with the Work Health and Safety Act, 2011 and Work Health and Safety Regulations, 2011.

(e) Meeting conditions in accordance with Development Consent DA 51/13.

(f) The organisers are required to list the temporary food vendors and have them inspected by Council’s Food Surveillance Officer.

(g) The organisers are responsible for the collection and disposal of all waste to a Council waste facility.

(h) The organisers are responsible for ensuring the public toilets are maintained in an acceptable condition for the duration of the event.

(i) In the interest of public health and safety, the organisers should provide confirmation that the ambulance and hospital have been notified of the event.

Following the event in June 2013 South Coast Hunters Club Inc. sought a variation to its licence to:

1. Enable the display of firearms;

2. Allow the display and operation of hunting simulators and

3. Conduct introduction course to archery within a steel shipping container.



At its Ordinary meeting held on 10 December 2013 Council considered a report on the proposed amendments to the Huntfest licence and resolved:

THAT:

1. Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a variation to the five-year licence to conduct the Huntfest event within NATA Reserve issued to South

Coast Hunters Club Inc. for the following activities subject to consent of the Minister administering the Crown Lands Act:

(a) Display firearms subject to the issue of an Arms Fair Permit by NSW Police;

(b) Display and operation of hunting simulators; and

(c) Conduct introduction courses to archery subject to the activity being wholly contained within a steel shipping container and participants being under the direct supervision of an accredited archery instructor.

2. All costs associated with the proposed variation to the licence including an administration fee of $1,100 be borne by the Licensee.

At its Ordinary meeting held on 26 August 2014 Council considered a notice of motion regarding the annual Huntfest event and resolved:

THAT in regard to the current Huntfest licence should any further amendments regarding weaponry and / or ammunition be applied for in the lead up to the 2015 Huntfest that consultation occur for a period of 28 days and a report be presented to council within 49 days of the original advertising of the amendment.

On 5 September 2014 a letter was received from the South Coast Hunters Club requesting three amendments to their licence to conduct Huntfest.

One amendment was to allow all legal activities covered under an Arms Fair Permit, a second to permit the operation of a mobile air rifle range and a third to increase the licence area to cover the whole of NATA reserve to allow for expanded exhibition area and parking.



CONSIDERATIONS

In respect of the three issues the following information is provided:

Licence Area to Cover the Whole of NATA Reserve

The licence area currently only covers the Leisure Centre and two alternate areas shown below.

Due to changes in the alignment of Bluewater Drive and to allow for growth in the number of exhibitors and additional parking, the area sought for the licence is shown in the plan below.

Arms Fair Permit.

In order to display firearms at the Huntfest event the organisers will require an “Arms Fair Permit” issued by NSW Police.

POOL

PRINCES HIGHWAY

BLU

EW

AT

ER

D

RIV

E

MCM

ILLAN

CROWN RESERVE R 63051

NATA OVAL

LEISURE CENTRE

ROAD

ALTERNATE

OUTDOOR SITE

OUTDOOR SITE



Operation of a Mobile Air Rifle Range A mobile shooting range is a business which primarily operates at carnivals, arms and amusement fairs or agricultural shows and allows persons to shoot at targets, under supervision, using a firearm which is tethered in a manner to prevent the muzzle of the firearm being turned to the rear and fixed to prevent removal except by the person responsible for the range. Mobile shooting ranges must be approved by the Commissioner of Police to operate in NSW.

Fact sheets on arms fair permits and mobile shooting ranges provided by the Firearms Registry of the NSW Police are attached for Councillors’ information.

Legal

Huntfest is conducted within NATA Reserve, a Crown Reserve under the control of the Eurobodalla (South) Reserve Trust for which Council is Trust Manager. Accordingly the current five-year licence to conduct Huntfest was granted with consent of the Minister administering the Crown Lands Act and therefore any variation to the licence will also require that Minister’s consent.

Policy

The proposed variation to the licence to conduct the Huntfest Event does not breach any Council policy including the Events policy.

Asset

The proposed amendments should not have any detrimental effect on the reserve subject to parking not being permitted in the case of extreme wet conditions.

Social Impact

As part of the original application for a licence to hold the event, the licensee’s vision was to develop Huntfest into an annual event, providing an attraction for local residents as well as attracting visitors to the shire, and generating economic benefit for local businesses during the quieter winter period. The applicant consider that the amendments allowing all legal activities covered by an Arms Fair Permit and the operation of a mobile air rifle range will enhance the event and assist in increasing the number of attendees. Other views regarding social impact are highlighted in Community Consultation below.


The South Coast Hunters Club have indicated attendees of the 2014 event contributed in the order of $800,000 into the local economy and believe the introduction of the proposed amendments will increase patronage.


In accordance with Council’s resolution regarding the amendments involving firearms and or ammunition, the request for the amendments providing for all legal activities covered by an Arms Fair Permit and the operation of a mobile air rifle range was publicly notified for 28 days commencing 10 September 2014 until 8 October 2014.

Information and documents relating to the public exhibition, including the NSW Police Arms Fair Fact Sheet and the Mobile Shooting Range Fact Sheet, were placed on Council’s website,



and at its Moruya customer service centre and libraries in Batemans Bay, Moruya and Narooma.

A total of 511 submissions were received with 1 duplicated.

The submissions are the subject of a separate report to this meeting.

Whilst a number of the submissions gave no specific reason for supporting the amendments, broadly the submissions cited economic benefit, freedom of choice and increased attendance as reasons for support for the amendments. A total of 271 submissions supported the amendments.

Similarly a number of submissions gave no specific reason for opposing the amendments, broadly the submissions cited damage to the environment, concern for increased gun ownership, public safety, danger of increased gun culture, tarnishing of the Nature Coast brand and concern for the influence on children. A total of 218 submissions opposed the amendment to provide for all legal activities covered by an Arms Fair Permit with 166 of those opposing the operation of a mobile air rifle range and 2 supporting the rifle range.

An online petition opposing the sale of guns and ammunition at Huntfest containing 40,804 entries from around the world was tabled by Councillor Harding at the Ordinary Council meeting held on 14 October 2014. This petition is available for Councillors to review.

A separate report on the submissions is presented at this meeting.

Financial

If a variation to the current licence is granted a Council administrative fee of $1,100 should be paid by the licensee for costs including the preparation and execution of the deed of variation.

CONCLUSION

The proposed amendments to the licence to conduct the Huntfest are legal and do not breach any Council policy.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/077 HUNTFEST - VARIATION TO EVENT LICENCE ATTACHMENT 1 FACT SHEET - MOBILE SHOOTING RANGE

Page 57

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/077 HUNTFEST - VARIATION TO EVENT LICENCE ATTACHMENT 1 FACT SHEET - MOBILE SHOOTING RANGE

Page 58

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/077 HUNTFEST - VARIATION TO EVENT LICENCE ATTACHMENT 2 FACT SHEET - ARMS FAIR PERMIT

Page 59

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 25 NOVEMBER 2014 FBD14/077 HUNTFEST - VARIATION TO EVENT LICENCE ATTACHMENT 2 FACT SHEET - ARMS FAIR PERMIT

Page 60

ORDINARY COUNCIL MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 25 NOVEMBER 2014 Page 61

19. DEALING WITH MATTERS IN CLOSED SESSION

In accordance with Section 10A(2) of the Local Government Act 1993, Council can exclude members of the public from the meeting and go into Closed Session to consider confidential matters, if those matters involve:

(a) personnel matters concerning particular individuals; or (b) the personal hardship of any resident or ratepayer; or (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business; or (d) 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,

(e) information that would, if disclosed, prejudice the maintenance of law; or (f) matters affecting the security of the council, councillors, council staff or council

property; or (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege or information concerning the nature and location of a place; or

(h) an item of Aboriginal significance on community land.

and Council considers that discussion of the material in open session would be contrary to the public interest.

In accordance with Section 10A(4) of the Local Government Act 1993 the Chairperson will invite members of the public to make verbal representations to the Council on whether the meeting should be closed to consider confidential matters.

RECOMMENDATION

THAT pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda for the Ordinary Council meeting be dealt with in Closed Session for the reasons specified below:

CON14/013 Property Matter

Item CON14/013 is confidential in accordance with s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

CON14/014 Conduct Reviewer's Investigation Report

Item CON14/014 is confidential in accordance with s10(A)(2)(i) of the Local Government Act because it contains lleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.


EUROBODALLA SHIRE COUNCIL

ETHICAL DECISION MAKING AND

CONFLICTS OF INTEREST

A GUIDING CHECKLIST FOR COUNCILLORS, OFFICERS

AND COMMUNITY COMMITTEES

ETHICAL DECISION MAKING

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

CONFLICT OF INTEREST

A conflict of interest is a clash between private interest and public duty. There are two types of conflict: Pecuniary – regulated by the Local Government Act and Department of Local Government; and Non-Pecuniary – regulated by Codes of Conduct and policy, ICAC, Ombudsman, Department of Local Government (advice only).

THE TEST FOR CONFLICT OF INTEREST

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of “corruption” – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

IDENTIFYING PROBLEMS

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?


Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

AGENCY ADVICE

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, Officers and Community Committee members by various pieces of legislation, regulation and Codes.

CONTACT PHONE EMAIL WEBSITE

Eurobodalla Shire Council

Public Officer 4474-1000 [email protected] www.esc.nsw.gov.au

ICAC 8281 5999 [email protected] www.icac.nsw.gov.au

Local Government Department 4428 4100 [email protected] www.dlg.nsw.gov.au

NSW Ombudsman 8286 1000

Toll Free 1800 451 524 [email protected] www.ombo.nsw.gov.au

Reports to Committee are presented generally by ‘exception’ - that is, only those items that do not comply with legislation or policy, or are the subject of objection, are discussed in a report.

Reports address areas of business risk to assist decision making. Those areas include legal, policy, environment, asset, economic, strategic and financial.

Reports may also include key planning or assessment phrases such as:

Setback Council’s planning controls establish preferred standards of setback (eg 7.5m front; 1m side and rear);

Envelope taking into account the slope of a lot, defines the width and height of a building with preferred standard of 8.5m high;

Footprint the percentage of a lot taken up by a building on a site plan.

Acronym Meaning Description

ACR Australian Capital Region

The political and strategic grouping of the ACT government and 17 adjacent councils.

AEP Annual Exceedance Probability

For floods expressed as a % eg 1% = 1:100 year event. The NSW Flood Guidelines nominate types of development and controls.

AHD Australian Height Datum

Floor levels for buildings set to remain at or above flood level (expressed as 'freeboard').

APZ Asset Protection Zone Area to be cleared and maintained around habitable buildings in bushfire prone areas.

AS Australian Standard Standards set by national body as minimum construction, service, system, planning or design requirements.



BCA Building Code of Australia

Prescribes minimum standards or performance base for building construction.

CAMP Companion Animal Management Plan

Required by state law, plan nominating management of dogs and cats and areas for access for the exercise of dogs (eg beaches and reserves).

CC Construction Certificate

Floor plans approved by council or private certifier in compliance with development conditions and BCA.

COPW Condition of Public Works Report

Required by state law to define the condition of infrastructure assets, the cost to upgrade to defined standards, the current costs of maintenance and desired levels of maintenance.

CP Cultural Plan A cultural plan enables identification of cultural assets, identity and needs as well as providing a framework to develop cultural initiatives to increase opportunities for residents.

CSR Complaint and Service Request

Requests received from public by phone, letter, email or Councillor to attend to certain works (eg pothole) or complain of certain service or offence (eg dogs barking).

DA Development Application

Required by state law to assess suitability and impacts of a proposed development.

DAP Disability Action Plan Council plan outlining proposed works and services to upgrade facilities to progressively meet Disability Discrimination Act.

DCP Development Control Plan

Local planning policy defining the characteristics sought in residential, commercial land.

DECCW Department of Environment, Climate Change and Water (formerly EPA, NPWS, DEC)

State agencies (former Environment Protection and National Parks), DNR managing state lands and natural resources and regulating council activity or advising on development applications.

DWE Department of Water and Energy

State agency managing funding and approvals for town and country water and sewer services and State energy requirements.

DoP Department of Planning

State agency managing state lands and regulating council activity or advising on development applications or strategic planning.

DLG Department of Local Government

State agency responsible for regulating local government.

DoL Department of Lands State agency managing state lands and advising on development applications or crown land management.

DoC Department of Commerce

State agency (formerly Public Works) managing state public water, sewer and buildings infrastructure and advising/supervising on council infrastructure construction.



DoH Department of Health State agency responsible for oversight of health care (community and hospital) programs. Also responsible for public warning of reportable health risks.

DOTAR Department of Infrastructure, Transport and Regional Development and Local Government

Federal agency incorporating infrastructure, transport system, and assisting regions and local government.

EBP Eurobodalla Bike Plan Strategic Plan identifying priorities and localities for cycleways in the Shire.

EIS Environmental Impact Statement

Required for designated and state developments researching and recommending solutions to social, economic and environmental impacts.

EMP Estuary Management Plan

Community based plan, following scientific research of hydrology and hydraulics, recommending actions to preserve or enhance social, economic and environmental attributes of estuary

EMS Environmental Management System

Plans prepared by council (such as waste management and strategic planning) around AS14000.

EOI Expressions of Interest

Often called in advance of selecting tenders to ascertain capacity and cost of private sector performing tasks or projects on behalf of council.

EP&A Environment Planning & Assessment Act

State law defining types of development on private and public lands, the assessment criteria and consent authorities.

ESC Eurobodalla Shire Council

ESD Ecologically Sustainable Development

Global initiative recommending balance of social, economic and environmental values in accord with 7 ESD principles.

ESS Eurobodalla Settlement Strategy

Council strategy prepared with assistance of government to identify best uses and re-uses of urban lands, the appropriate siting of private and public investment (eg institutions, employment areas or high density residential) based on current and planned infrastructure and land capacity.

ET Equivalent Tenement Basis of calculation of demand or impact of a single dwelling on water and sewer system.

FAG Financial Assistance Grant

Federal general purpose grant direct to local government based on population and other 'disability' factors.



FSR Floor Space Ratio A measure of bulk and scale, it is a calculation of the extent a building floor area takes up of an allotment.

GIS Geographic Information System

Computer generated spatial mapping of land and attributes such as infrastructure, slope, zoning.

IPART Independent Pricing & Regulatory Tribunal

State body that reviews statutory or government business regulatory frameworks and pricing levels.

IPWEA Institute Public Works Engineers Australia

Professional association.

IWCMS Integrated Water Cycle Management Strategy (or Plan)

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation to water, sewer and stormwater systems.

IWMS Integrated Waste Management (Minimisation) Strategy

Council plan identifying risk and social, economic and environmental benefit of proposed augmentation of waste (solids, effluent, contaminated, liquid trade waste).

LEP Local Environment Plan

The statutory planning instrument defining the zones and objectives of urban and rural areas.

LGAct Local Government Act State law defining the role of Mayor, Councillors, staff, financing, approvals etc.

LGMA Local Government Managers Australia


LGNSW Local Government NSW

Representative advisory and advocacy group for councils in NSW.

MOU Memorandum of Understanding

Agreement in principle between parties (eg council and agency) to achieve defined outcomes.

NPWS National Parks & Wildlife Service

Now merged into DECCW.

NRM Natural Resource Management

NVC Native Vegetation Act 2003

State law defining means of protection of threatened legislation and approval processes to clear land.

OC Occupation Certificate Issued by council or private certifier that building is safe to occupy and in compliance with development conditions and BCA.

OSMS On site sewage management system

Includes septic tanks, aerated systems, biocycles etc.

PCA Principal Certifying Authority

The person or organisation appointed by applicant to inspect and certify structures.



PIA Planning Institute of Australia


POEO Protection of the Environment Operations Act

State law outlining standards for emissions and discharges and penalties for pollution.

PoM Plan of Management (usually for community land)

Council plan nominating type of uses for community land and range of facilities progressively to be provided on land.

PPP Public Private Partnerships

PTS Public Transport Strategy

Council strategy to initiate mechanisms to promote and facilitate public transport (bus, taxi, community transport, cycles) in design of subdivisions, developments and council works.

REF Review of Environmental Factors

Council examination of risk and social, economic and environmental benefit of proposed works, assessed against state planning, environment and safety laws.

REP Regional Environment Planning Policy

Outlines compulsory state planning objectives to be observed in development assessment and strategic planning.

RFS Rural Fire Service State agency responsible for providing equipment and training for volunteer firefighter brigades, and the assessment and approval of developments in bushfire prone lands.

RLF Regional Leaders Forum

The group of mayors and general managers representing the councils in the ACR.

RMS Roads & Maritime Service

State agency responsible for funding, construction and maintenance of state roads, the approval of council works on arterial roads and development applications.

S64 S64 Contributions Plan

Developer contributions plan to enable, with council and state funds, the augmentation of water, sewer and stormwater infrastructure.

S94

S94A

S94 Contributions Plan

S94A Contributions Plan Levy Plan

Developer contributions to enable construction of public infrastructure and facilities such as roads, reserves, carparks, amenities etc.

SCG Southern Councils Group

Political and strategic grouping of councils along the NSW south coast from Wollongong to the border, lobbying government for assistance (eg highways) and resourcing sharing initiatives.

SCRS South Coast Regional Strategy

Regional Strategy prepared by DoP for ESC, BVSC and part SCC to guide new LEPs.



SEA Strategic Environment Assessment

Spatial assessment of environmental constraints of land considered in design and assessment of subdivision and infrastructure.

Scientific research behind assessment of capacity of land and waterways in rural residential and urban expansion lands to sustain human settlement.

SEPP State Environmental Planning Policy

Outlines compulsory state planning objectives.

SNSWLHD Southern NSW Local Health Districts

State board commissioned with oversight of health care in Highlands, Monaro and Far South Coast.

SoER State of the Environment Report

Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social, economic and environmental features of the Shire and appropriate responses to address or preserve those issues.

SP Social Plan Required by state law, the comprehensive assessment (every four years) of the condition and the pressures on the social framework of the community, their services and facilities and economic interactions.

…….SP Structure Plan Plan promoting landuses and siting of infrastructure and facilities in towns (eg, BBSP – Batemans Bay Structure Plan).

SRCMA Southern Rivers Catchment Management Authority

State agency commissioned with assessment and monitoring of health and qualities of catchments from Wollongong to the border, and determine directions and priorities for public and private investment or assistance with grants.

STP Sewer Treatment Plant

Primary, secondary and part tertiary treatment of sewage collected from sewers before discharge into EPA approved water ways or irrigation onto land.

TAMS Total Asset Management System

Computer aided system recording condition and maintenance profiles of infrastructure and building assets.

TBL Triple Bottom Line Commercial term coined to encourage business to consider and disclose social and environmental risk, benefit and costs in the conduct of business to guide investors as to the long term sustainability and ethics of a business. Taken up by Council to record the basis of prioritisation, the review of condition, the monitor of progress and the financial disclosure of preventative or maintenance investment in council based social and environmental activities.

ToR Terms of Reference

TSC Threatened Species Conservation Act 1995

State law governing the protection of nominated species and relevant assessment and development controls.



WCF Water Cycle Fund Combination of water, sewer and stormwater activities and their financing arrangements.

WSUD Water Sensitive Urban Design

Principle behind the IWCMS and council development codes requiring new developments to reduce demand and waste on water resources through contemporary subdivision and building design.

Documents

Agenda - Attachments Included · 11/25/2014 · ON TUESDAY 25 NOVEMBER 2014 COMMENCING AT 4.00PM AGENDA (Proceedings of this meeting will be recorded as per Eurobodalla Shire ouncil