AGENDA - Eurobodalla Shire · 11/12/2013 · AGENDA (Proceedings of this meeting will be recorded as per Eurobodalla Shire ouncil [s ode of Meeting ... PSR13/005 Amendment No 1 Delivery

AGENDA

Ordinary Meeting of Council

12 November 2013

i

ORDINARY MEETING OF COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS, MORUYA

ON TUESDAY 12 NOVEMBER 2013

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

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Meeting held on 22 October 2013

7. DECLARATIONS OF INTEREST OF MATTERS ON THE AGENDA

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

Page No.

8. REPORTS OF COMMITTEE

Nil

9. NOTICES OF MOTION

NOM13/001 Batemans Bay Deep Water Marina .................................................................... 3

10. QUESTIONS ON NOTICE

Nil

ii

11. MAYORAL REPORTS

12. GENERAL MANAGER'S REPORTS

Nil

13. PLANNING AND SUSTAINABILITY REPORTS

PSR13/001 Landcare Project Proposals Update November 2013 ........................................ 4

PSR13/002 Swimming Pool Amendment Act 2012 ............................................................... 9

PSR13/003 Alcohol Free Zone - Kuppa Avenue, Malua Bay ............................................... 20

PSR13/004 Donation of Development Application Fees .................................................... 24

PSR13/005 Amendment No 1 Delivery program 2013-2017 and Operational Plan 2013-2014 .................................................................................................................. 26

14. INFRASTRUCTURE REPORTS

IR13/001 Local Traffic Committee Meeting No 03 for 2013-2014................................... 29

IR13/002 Tenders for Investigation, Design, Environmental Assessment, Detailed Design and Documentation for Bodalla Sewage Treatment Plant and Effluent Reuse System ...................................................................................... 42

IR13/003 New fee structure for the use of protective floor covering at Council public buildings. ........................................................................................................... 45

15. FINANCE AND BUSINESS DEVELOPMENT REPORTS

FBD13/001 Tomakin Road, Road Widening ........................................................................ 48

FBD13/002 Licence for Kayak Hire, Narooma ..................................................................... 51

FBD13/003 Caravan Park Lease - Narooma ......................................................................... 54

FBD13/004 Licence to Operate Jumping Castles ................................................................. 56

FBD13/005 Minor Amendments to Policy Documents ....................................................... 64

16. COMMUNITY, ARTS AND RECREATION REPORTS

Nil

17. DELEGATE REPORT

18. QUESTIONS/URGENT BUSINESS

19. DEALING WITH MATTERS IN CLOSED SESSION ............................................... 66

20. CONFIDENTIAL REPORTS

DR CATHERINE DALE GENERAL MANAGER

NOTICE OF MOTION TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 12 NOVEMBER 2013 Page 3

NOM13/001 BATEMANS BAY DEEP WATER MARINA

E13.7041; E86.3612

Responsible Officer: Dr Catherine Dale - General Manager

Attachments: Nil

Councillor Peter Schwarz has given notice that at the Ordinary Meeting of Council on 12 November 2013 that he, will move the following motion.

MOTION

THAT Council call for expressions of interest from community members and industry representatives interested in forming a committee aimed at investigating and advancing the idea of a deep water marina in Batemans Bay.

BACKGROUND

The idea of and potential benefits of a deep water marina in Batemans Bay have previously been discussed by Council.

In July 2010, NSW Maritime produced a study entitled NSW Boat Ownership and Storage: Growth Forecasts to 2026 - http://www.maritime.nsw.gov.au/docs/wh/boat_storage.pdf -, which forecasts growth in boat ownership on the south coast and also projects continued growth for boat ownership across NSW. Currently the existing demand for berthing facilities placed on Sydney Harbour, Botany Bay and the Hawkesbury/Broken Bay systems are not being met. However, the construction of a deep water marina in the Batemans Bay area would assist in alleviating the backlog of demand by the boating fraternity and have positive benefits to the local area as well as flow on effects to both the State and National economies.

With this expected continued growth in boat ownership, boating traffic and large unmet demand for moorings, there is also the capacity within the proposed marina development to increase the storage capabilities for smaller vessels either on water or “dry stack” on land.

The potential exists for a deep water marina to be developed via an extension of the Clyde River rock wall and the construction of a rock wall from Observation Point to Snapper Island, with dredging within the enclosed area to maintain the required depth and to reclaim land to support additional support services and ancillary development, residential, tourism and retail development.

Council has commenced a discussion with State and Federal Governments to promote the proposal. Council has also applied for funding under the NSW Government Better Boating Program to undertake a strategy which will assist in developing a high level concept plan and feasibility study to move this exciting development opportunity forward.

Recent discussions have highlighted the benefit in projects such as this being driven from within the community, as was the case with the Eden Port development. I therefore propose that Council seek expressions of interest from the community to determine the level of interest in the project and in particular in establishing a community based committee aimed at investigating and advancing the idea of a deep water marina in Batemans Bay.

http://www.maritime.nsw.gov.au/docs/wh/boat_storage.pdf

REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 12 NOVEMBER 2013 Page 4

PSR13/001 LANDCARE PROJECT PROPOSALS UPDATE NOVEMBER 2013 E04.8914

Responsible Officer: Lindsay Usher - Director Planning and Sustainability Services

Attachments: Nil

Strategic Objective: 3: Our community and environment are in harmony

Delivery Plan Link: Sustainability & Environmental Services

Operational Plan Link: Support community activities and groups such as Landcare

EXECUTIVE SUMMARY

This report is to provide information and obtain Council endorsement for six new Landcare projects/works across the Eurobodalla. The project proposals are to enable volunteers to undertake works on council managed lands and are not requests for funding. Funding to assist groups to undertake works is available through external grants and further funding will be sought as the opportunities arise.

RECOMMENDATION

THAT 1. The six Landcare project proposals outlined in Table 1 be endorsed:

Dune Erosion Control, McWilliam Park, Tuross Lakes Preservation Group Inc.

Tuross Estuary Bird Signage, Tuross Lakes Landcare

Tomakin Reserves Rehabilitation, Tomakin Coastcare

Little Lake Rehabilitation, Narooma Little Lake Landcare

Burrawang Landcare, Burrawang Landcare

Rosedale Rehabilitation, Rosedale Landcare

BACKGROUND

Eurobodalla Landcare groups operate in a diverse range of areas throughout the Eurobodalla Shire and work across all land tenure. Works include weed control, revegetation, erosion control, delivering community education and displays, and general maintenance of public assets and reserves.



The current process for gaining approval for Landcare projects is as follows: 1. Landcare group develops a project and completes the ‘Eurobodalla Landcare Project

Proposal’ form in consultation with the Southern Rivers Catchment Management Authority’s (SRCMA) Community Support Officer (CSO);

2. Approval from land owner/manager is obtained; 3. The Project Proposal is submitted to Council for approval by officers from Infrastructure

Services and Planning and Sustainability who request changes or site meetings for further details if required;

4. If approved by Council officers, a summary of projects are reported to Council for endorsement;

5. When projects are endorsed they are then able to commence. This report is to supply information on six project proposals or amendments which have all recently been approved by Council officers. A new project proposal report is to be submitted to Council as required as project proposals are submitted.

CONSIDERATIONS

The proposed projects have been approved by the relevant Council officers who have included changes to ensure that projects are aligned with Council operations and strategic plans. This also ensures that the works of volunteers is also supported by Council.

Legal

Eurobodalla Landcare groups seek endorsement from Council for the projects proposed. All projects will be conducted with the understanding of the relevant legislation and legal responsibility of Council and affected land managers/owners. Where proposed works are occurring on land tenure outside of Council’s control, those land owners/managers have provided consent for works to occur. Volunteers undertake inductions including Work Health and Safety (WHS) obligations and are assisted by the Landcare Community Support Officer from the Southern Rivers Catchment Management Authority. For Council endorsed projects, Council’s Natural Resource Supervisor and WHS Advisor will ensure WHS obligations are met by the volunteers.



Environmental

Table 1: Summary of 6 Project Proposals/Amendments for endorsement by Council

PROJECT GROUP AREAS OF

PROPOSED WORKS WORK TYPE COMMENTS

1. Dune Erosion Control, McWilliam Park

Tuross Lakes Preservation Group Inc

Beach track off Tuross Blvde, opposite Tuross shops

Fencing small additional area each side of beach access track

Will reduce erosion and vegetation damage. Materials supplied by community and Council inkind.

2. Tuross Estuary Bird Signage

Tuross Lakes Landcare

Foreshore adjoining cycleway on Nelson Parade, Tuross Head (opposite 40 Nelson Pde)

Development and erection of signage to complete series of existing signs about estuary birdlife

Community support received. Funding assistance from Tuross Lakes Landcare Inc.

3. Tomakin Reserves Rehabilitation

Tomakin Coastcare

Council/Community foreshore reserves throughout Tomakin

Weed control, revegetation with low growing (<1.5m) native plants to assist in stabilising areas of the river bank and within foreshore reserve

A new Landcare group has formed to undertake this project. Will raise community awareness and involvement in Tomakin. Supported by funding from existing Estuary Program.

4. Little Lake Rehabilitation

Narooma Little Lake Landcare

Foreshore area of Little Lake, Narooma, adjoining Ballingalla Street

Weed control, small scale revegetation

A new group has formed to undertake this project. Supported by funding from existing Estuary Program.

5. Burrawang Landcare

Burrawang Landcare

Barlings Beach Access Road

Weed control, rubbish removal

Addition of Barlings Access Road to previously approved project area.

6. Rosedale Rehabilitation

Rosedale Landcare Additional Council land in Rosedale

Weed control Addition of Lot 50, DP 32177 to previously approved project.



Asset

The environmental works proposed contribute to the protection and rehabilitation of the environmental assets of the shire. The utilisation of volunteers reduces the cost to Council of managing Council assets and reserves. Landcare contributed 18 859 hours of volunteer work during 2012/13 to environmental projects, the majority of these hours were on Council land and Council endorsed projects. Social Impact

Volunteers undertake regular environmental and maintenance activities either weekly or monthly. Landcare projects build the capacity of the community and residents to recognise, maintain and improve the natural assets of the Eurobodalla. These skills may be also transferred to individual properties where landowners can improve the sustainability of their land. This also provides benefits to the wider community and to Council by reducing negative impacts of individual properties on the local environment, for example the spread of invasive species. Volunteerism in Landcare provides opportunities for all ages and demographics. It provides for a positive social impact giving the community the opportunity to undertake a range of beneficial works, provide input into the management of the Shire’s bushland, improve the understanding of the environment they live in, undertake physical activity and mixing and socialising with others.

Economic Development Employment Potential

When funding is available through external grants, local businesses are employed to undertake works that are beyond the capacity of Landcare volunteers. Council has a pre-approved contractors list of local bush regeneration and weed control businesses able to undertake these works. Landcare grant funds also employ qualified local project officers on a casual basis to implement projects as required. Materials and equipment for Landcare projects are sourced from within the Eurobodalla Shire if they are available. Landcare projects also utilise Local Aboriginal Land Council work crews and employment agency work crews when available. Volunteers and work crews undertaking Landcare works gain valuable skills and experience in natural resource management, which may assist in gaining employment in the industry and other industries.

Community Consultation

There are numerous projects across the Eurobodalla that engage urban and rural dwellers, tourists, residents and non-residents. The consultation requirements are dependent on the project at hand. The broader community is informed of council managed Landcare works by regular newspaper articles, letters or in person dependent on the nature of the works and the community



interaction required at each locality. Where individuals may be affected by project works they are informed by a mail out if appropriate. Council writes ‘Euroecology,’ a weekly article for the Independent Newspaper, to update readers of events and projects relating to the environment and Landcare. A range of community educational events allow Council staff and the community to engage on environmental projects and general Landcare matters.

Staff

Council works proactively with the Landcare Community Support Officer ( LCSO) from Southern Rivers Catchment Authority in supporting Landcare groups and their endeavours. Casual Project Officers will be engaged to assist implementation of the projects where funding for their employment is available through grants.

Financial

The projects will be undertaken using volunteer labour and financially supported by current externally funded Landcare projects and the current allocation of Council Landcare or Estuary Program funds where required. Further funding to assist volunteers and their project works will be sought from external grants as the opportunities arise.

CONCLUSION

Eurobodalla Landcare groups are seeking Council endorsement to continue on-ground works at various sites throughout the Eurobodalla. The Landcare projects proposed will further the work of Eurobodalla Landcare groups in assisting Council with implementing natural resource management in Eurobodalla Shire and provide benefits to the volunteers and wider community. Projects have been developed in consultation with the SRCMA and approved by Council officers prior to submission of this report to Council.


PSR13/002 SWIMMING POOL AMENDMENT ACT 2012 E


Attachments: 1. Draft Eurobodalla Swimming Pool Barrier Inspection Program 2. Swimming Pool Amendment Act 2012 - confidential

Strategic Objective: 3: Our community and environment are in harmony

Delivery Plan Link: Sustainability & Environmental Services

Operational Plan Link: Key Projects 2013-14

EXECUTIVE SUMMARY

The recently adopted Swimming Pool Amendment Act 2012 creates obligations for the community and Council in regard to pool safety including: 1. All swimming pools need to be evaluated and registered on an online State register; 2. Council needs to establish an inspection regime; 3. Pools need to be inspected and issued with a Compliance Certificate prior to sale or

lease.

This report outlines Council’s responsibilities and addresses those obligations through the adoption of the draft Eurobodalla Swimming Pool Barrier Inspection Program. The draft Eurobodalla Swimming Pool Barrier Inspection Program was presented to the Finance and Services Committee Meeting on 10 September 2013 at which Council resolved:

THAT:

1. Council endorse the Draft Swimming Pool Barrier Inspection Program based on Resource Option 3 as set out in report PSFS13/41, being an additional resource in the form of a Cadet Building Surveyor to meet Council’s obligations under the Swimming Pool Amendment Act 2012 and that this position be funded by fees obtained through swimming pool inspections.

2. Council exhibit the Draft Swimming Pool Barrier Inspection Program for 28 days. 3. A further report be provided to Council at the end of the exhibition period addressing

submissions. The program was publicly exhibited from 16 September to 16 October 2013 during time no submissions were received.



RECOMMENDATION

THAT

1. Council adopt the draft Eurobodalla Swimming Pool Barrier Inspection Program based on an additional resource in the form of a Cadet Building Surveyor to meet Council’s obligations under the Swimming Pool Amendment Act 2012 and that this position be funded by fees obtained through swimming pool inspections

2. Council adopt the new fee for inspection being $139 including GST as advertised in the Eurobodalla Swimming Pool Barrier Inspection Program.

BACKGROUND

The Swimming Pool Amendment Act 2012 (the Act) commenced October 2012. The Act was amended to improve the safety of private pools. All pool owners are now required to register their pools on a new State-wide online register and complete a self assessment. The Register has been set up by the Division of Local Government in the Department of Premier and Cabinet (DLG). Under the Act, councils need to develop a swimming pool barrier inspection program in consultation with their communities and this program commenced on 29 October 2013. Pool inspections can occur at the request of the owner, as part of an adopted inspection program by Council and must be undertaken prior to sale or lease of property. After a successful inspection a Compliance Certificate is issued to the pool owner. This Certificate is valid for three years. The swimming pool inspections and issue of a Compliance Certificate may also be provided by a private certifier. To estimate the number of pools in the Eurobodalla Shire, a report was run on swimming pool approvals contained in the development application data base however data was only electronically collected since 1999, therefore it is assumed that the report only represents approximately a third of the pools in the Shire.

Swimming Pool Development Applications since 1999 419 Complying Development Certificates including a Swimming Pool since 1999 31 Commercial Pools on which Council currently undertakes water testing 59

Total 509



As the report only represents data collected since 1999, it is assumed that there are approximately 1,500 pools in the Shire.

CONSIDERATIONS

Under the Act, the following responsibilities apply:

Pool Owner Responsibility

1. Registering their swimming pools on the online Register set up by the NSW State Government at www.swimmingpoolregister.nsw.gov.au;

2. Completing a self-evaluation of their pool and stating in the Register that, to the best of their knowledge, their swimming pool complies with the applicable standard;

3. Providing a valid swimming pool Compliance Certificate before being able to sell or lease a property with a pool.

There is a penalty for owners who fail to register a swimming pool by the due date (Penalty Notice amount of $220).

The Role of Eurobodalla Shire Council 1. Develop and implement a Swimming Pool Barrier Inspection Program in consultation

with the communities by 29 October 2013; 2. Report annually on the number of pool inspections undertaken and the level of

compliance with the requirements; 3. Inspect pools associated with tourist and visitor accommodation and multi-occupancy

developments at three-yearly intervals; 4. At the request of a pool owner, inspect pools prior to sale or lease; 5. Following an inspection which finds the pool barrier compliant with the requirements of

the legislation, a Compliance Certificate will be issued. This Certificate is valid for three years; and

6. Investigate pool safety complaints within 72 hours of being received.

Councils may charge a fee for each inspection undertaken (up to a maximum of $150.00 for the first inspection and $100 for one re-inspection resulting from the first inspection). Once an Occupation Certificate for a pool has been issued, the pool is exempt from the inspection program for three years from the date of issue of the Occupation Certificate. However, Council may inspect any swimming pool that is the subject of a complaint or where Council's authorised officer reasonably suspects non-compliance with the Act.

Legal

Implementation of the Eurobodalla Swimming Pool Barrier Inspection Program will satisfy Council’s obligations under the Swimming Pool Amendment Act 2012.

http://www.swimmingpoolregister.nsw.gov.au/



Social Impact

Residents may find being charged for inspections unpalatable however this is a State Government requirement and ultimately trying to achieve greater resident and community safety. The fees are on a user pays basis and the program has been structured to provide the service on the most cost effective basis.


The draft Eurobodalla Swimming Pool Barrier Inspection Program was exhibited for a period of 28 days. The Program was exhibited on Council’s website, advertised in the local newspaper and media releases were prepared. No submissions were received in relation to this program.

Staff

An additional staff member in the form of a cadet building surveyor will be engaged to conduct this work but will be funded through income derived from the program.

Financial

Additional Resources: An additional resource is funded to complete a proactive pool inspection program using a risk based approach.

Given the nature of these inspections Council will employ a Cadet Building Surveyor to undertake these functions following appropriate training and supervision. This has the added advantage of providing for some future progression and development within the building team and is consistent with Council’s Workforce Management Plan 2012-2016 which states “all opportunities to create additional traditional trade apprenticeships and also cadetships in Council’s wide range of professional occupations and specialities needs to be encouraged and facilitated”-ACTION ITEM 2 Ageing Workforce (a) – Attracting and retaining younger workers.

This position will be funded through inspection fees. Councils may charge a fee for each inspection undertaken (up to a maximum of $150 for the first inspection and $100 for one reinspection resulting from the first inspection). Assuming 500 inspections a year and 125 reinspections this is a potential income of $87,500 pa. These fees could be reduced to $139 (current fee for a building inspection) for a first inspection and free re-inspections and still achieve cost recovery for the cadet (estimated income $69,500). This option provides opportunities for Council to increase capacity in its building certification service in the longer term.

Council has sought a comparative price to complete this function by a private certifier. Private certifier’s fees are not constrained for provision of this service in the way that Council’s fees are due to legislation. The fee to complete this function by a private certifier is significantly more expensive (see confidential attachment).



The attached Eurobodalla Swimming Pool Barrier Inspection Program has been written based on this proposal.

Implementation of the Inspection Program Administration The Register has already been established and is administered by the State Government. The State Government has also prepared inspection checklists. It is proposed that Council use the register and checklists to undertake inspections which should minimise administrative costs however Council will need to establish an application form and create formal processes for undertaking compliance actions. An ongoing administrative function will be the identification of unauthorised or registered pools through the GIS system.

Delivery of the program involves dual functions of Council.

Function 1 - Public Awareness and Education Council advertises the Swimming Pool Barrier Inspection Program through its communication channels and informs residents of their obligations to have their pool registered and when they are required to have a valid Compliance Certificate. Council is also able to do a direct mail to all addresses identified as having a pool within our development application database system. Residents will be urged to volunteer to have their pool inspected and registered. Residents will be informed they may also elect to have their pool inspected and registered by a private accredited certifier.

Function 2 - Identify and Inspect Pools Council will need to identify remaining properties that have a pool. This can be done through Council’s own systems (all pools post 1999) and through pools registered in the DLG website. Additional search of pools may be undertaken using aerial photography if required. An inspections program has been developed identifying the mandatory inspections under the Swimming Pool Act and what additional inspection Council will undertake. It is suggested that it will be an ongoing process identifying unregistered or unauthorised pools and that inspection numbers may increase as more pools are identified. Pool inspections will be voluntary for the first 12 months and then the inspection regime will be reviewed and a program of mandatory inspections implemented.

CONCLUSION

Council has an obligation to establish a Swimming Pool Barrier Inspection Program in compliance with the Act. As part of this program and in addition to the mandatory inspections, Council proposes to inspect other non-mandatory residential properties that contain swimming pools as part of this proactive program to improve the level of compliance of pool safety barriers and reduce the incidence of infant drownings or near drownings.



The proactive Inspection Program incorporates a risk based approach whereby unauthorised pools and authorised pools with outstanding final inspections will have high priority. The Eurobodalla Swimming Pool Barrier Inspection Program and associated resourcing proposal will allow Council to meet its legislative obligations and take a proactive approach in identifying unauthorised and unregistered pools through the GIS system and without affecting its ability to complete its building certification function. This proposal also provides for future progression within the building team and meets Council’s requirements of Workforce Management Plan.

The draft Eurobodalla Swimming Pool Barrier Inspection Program was exhibited for a period of 28 days with no submissions being received.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 12 NOVEMBER 2013 PSR13/002 SWIMMING POOL AMENDMENT ACT 2012 ATTACHMENT 1 DRAFT EUROBODALLA SWIMMING POOL BARRIER INSPECTION PROGRAM

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Draft

Eurobodalla Swimming Pool Barrier Inspection Program


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Preamble

In accordance with the Swimming Pools Amendment Act 2012 (the Act) and Swimming Pools Regulation 2008 (the Regulation) all NSW councils are required to develop and implement a swimming pool inspection program in consultation with their community.

Program objectives

The purpose of this Program is to ensure that Council complies with its legal obligation under the Swimming Pools Act 1992 and acts to increase pool safety awareness and reduce drowning and near drowning events in backyard swimming pools in the Eurobodalla Local Government Area.

Swimming Pools to which this program applies

This Program applies to swimming pools (both outdoor and indoor) that are situated or installed, on premises on which a residential building, a moveable dwelling or tourist and visitor accommodation is located, but does not apply to swimming pools that are situated, or proposed to be constructed or installed, on any premises occupied by the Crown or by a public authority.

Definitions

Certificate of Compliance – in respect of swimming pools means a certificate issued under section 22D of the Swimming Pools Act Multi-occupancy development – a building, or buildings that is, or are, situated on premises that consists of two or more dwellings Relevant occupation certificate – in respect of a swimming pool, which means an occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool.


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Swimming Pool means an excavation, structure or vessel: (a) that is capable of being filled with water to a depth greater than 300

millimetres, and (b) that is solely or principally used, or that is designed, manufactured or

adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations not to be a swimming pool for the purposes of this Act.

Tourist and Visitor Accommodation – means a building or place that provides temporary or short term accommodation on a commercial basis and includes back packers accommodation, bed and breakfast accommodation, farm stay accommodation, hotel or motel and services apartments.

Inspection Program Requirements

Council’s Program involves the inspection of swimming pool barriers in the following circumstances: -

(a) As of and from the 29 April 2014, Council shall inspect swimming pools associated with tourist and visitor accommodation and multi-occupancy developments at a maximum of 3 yearly intervals.

(b) As of and from the 29 April 2014, where required in writing by the property owner or on behalf of the property owner. Council shall inspect within a reasonable time, all properties which have a swimming pool prior to their sale or lease.

(c) Council shall inspect any swimming pool within reasonable time that is subject of a customer, staff or owner request, to ensure the pool barrier is installed in accordance with the Swimming Pools Act Requirements.

(d) Council shall inspect any swimming pool within reasonable time that is identified by Council staff as being unregistered or unauthorised where registration or authorisation is required, to ensure the pool barrier is installed in accordance with the Swimming Pools Act Requirements


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(e) As of and from 29 October 2013, Council shall inspect other non-mandatory residential properties that contain swimming pools as part of a proactive program to improve the level of compliance of pool safety barriers and reduce the incidence of infant drownings or near drownings. The proactive inspection program will incorporate a risk based approach whereby unauthorised pools and authorised pools with outstanding final inspections will have high priority This program is not to require the inspection of a swimming pool in respect of which there is in force a valid certificate of compliance or a relevant occupation certificate which are generally considered valid for a period of 3 years.

Inspection Fees

The Swimming Pools Act provides that council may charge a fee for inspection conducted by an authorised officer, being a fee that is not greater than the maximum fee prescribed by the Swimming Pool Regulation. In such case Council may not charge a fee for issuing of a Certificate of Compliance In addition, the Swimming Pool Regulation provides that Council may charge a fee for one reinspection. Council will charge a fee of $139 (incl GST) for an initial inspection (which includes the issue of a certificate of compliance for complying pool fences) and Council will not charge additional fees to conduct subsequent follow up inspections. This is less than the maximum fee proscribed by the regulations and consistent with our current fees and charges for building compliance inspections.

Resourcing

Council will engage appropriate staff to implement the inspection program and associated responsibilities including but not limited to:

Community education and awareness

Inspection of swimming pools in accordance with adopted inspection program and its requirements

The identification of unregistered and unauthorised swimming pools


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The enforcement of the requirements of the Swimming Pools Act where appropriate

The issue of certificates of compliance , and

Statutory program reporting

Implementation

Council aims to achieve compliance with the provisions of the Swimming Pool Act through effective education and engagement of pool owners and the community. Council acknowledges the ultimate effectiveness of any pool safety barrier relies upon the awareness of the property owner and their willingness to ensure compliance and ongoing maintenance. The Swimming Pool Act does provide mechanisms such as Notices, Directions and Penalty provisions which are used to actively encourage compliance where deemed necessary and appropriate.

Education and Awareness

Pool owner education and awareness is essential in contributing to the success of the inspection program. An ongoing and complementary community education and awareness program will be delivered through community publications, media releases, web site information, owner self- assessment pool fence checklists and pool safety officer interaction with the public. The importance of pool barrier maintenance and adult supervision are key messages to be delivered within the program. The rates of pool barrier compliance are expected to progressively increase as a result of the inspection program and the gradual improvement of the level of community education and awareness.

Variations

Council reserves the right to vary this Program where, in the opinion of the Council the variation does not diminish the intent of the Program, seeks to provide clarity to an item or is a legislative requirement.


PSR13/003 ALCOHOL FREE ZONE - KUPPA AVENUE, MALUA BAY E95.8171


Attachments: 1. Alcohol Free Zone Malua Bay (Police) 2. Malua Bay - Confid attachment

Strategic Objective: 2: Our community is a great place to live

Delivery Plan Link: Regulatory Compliance

Operational Plan Link: Community education

EXECUTIVE SUMMARY

The Far South Local Area Command of the Police initially requested that Council consider the establishment of an Alcohol Free Zone on Kuppa Avenue, Malua Bay citing antisocial behavior attributed to the consumption of alcohol. Following this request a report was prepared for the Policy and Strategy Committee Meeting for approval to seek public comment regarding the imposition of the restriction.

During the submission period, two submissions were received.

This report follows the public exhibition period in regard to establishing an Alcohol Free Zone on Kuppa Avenue, Malua Bay and recommends the establishment of this restriction.

RECOMMENDATION

THAT an Alcohol Free Zone be established on Kuppa Avenue, Malua Bay.

BACKGROUND

As a result of a request from the Far South Coast Local Area Command of the Police (attached) to deem Kuppa Avenue in Malua Bay an Alcohol Free Zone, a report was presented to the Policy and Strategy Committee Meeting on 6 August 2013 for approval to seek public submissions regarding the implementation of the Alcohol Free Zone. Letters requesting comment on the proposal were sent to the Local Aboriginal Land Council, the Police, the Liquor Licensing Sergeant, licensed clubs and premises within the vicinity and liquor outlets. Two submissions were received. One response was from the Friends of Malua Bay community group who support the proposal and the other response was from a liquor licensee who did not support the proposal.

CONSIDERATIONS

On 7 December 2010, a report was presented to the Policy and Strategy Meeting recommending that all Alcohol Free Zones in the Shire are standardized, so that they commence and cease on the same date enabling better policing and cost effective practices for Council.


PSR13/003 ALCOHOL FREE ZONE - KUPPA AVENUE, MALUA BAY E95.8171

Legal

Section 644 of the Local Government Act, states that a council may prepare a proposal for the establishment of an Alcohol Free Zone. There is a statutory requirement to review these restrictions every four years.

Once established, the restrictions apply twenty four hours per day for a period of four years. There is a statutory requirement to review the restrictions at the end of the four year period.

Social Impact

The proposal is aimed at providing the Police with the mechanism to enforce appropriate action in order to reduce antisocial behavior attributed to alcohol.


Council has undertaken consultation with the community by publishing a notice of the proposal in the local newspaper inviting submissions and also by a mail out to the Local Aboriginal Lands council, the Police, the Liquor Licensing Sergeant, licensed and premises within the vicinity and liquor outlets, seeking submissions on the proposal. Two submissions were received one of whom objected to the proposal and the other supported the proposal. The letter of objection states that as the adjacent reserve (Malua Bay Reserve) is deemed an alcohol restricted reserve, this should be sufficient and fines just need to be issued when required. Comment: Malua Bay Reserve is an Alcohol Restricted Reserve under section 632 of the Local Government Act. These restrictions on the consumption of alcohol do not apply to a street, and therefore enforcement may not be carried out on Kuppa Avenue, in regard to the consumption of alcohol.

Financial

The approximate cost for supply and installation of the signage is $255 if on a new post or $205 if using an existing post. It is proposed that a total of three signs would be required for this area.

CONCLUSION

It is recommended that Council support the establishment of an Alcohol Free Zone on Kuppa Avenue, Malua Bay. The Police have provided Council with statistics relating to antisocial behavior attributed to alcohol consumption, which substantiates this proposal. A copy of these statistics are attached.

ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 12 NOVEMBER 2013 PSR13/003 ALCOHOL FREE ZONE - KUPPA AVENUE, MALUA BAY ATTACHMENT 1 MALUA BAY ALCOHOL FREE ZONE (POLICE)

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ORDINARY COUNCIL OF EUROBODALLA SHIRE COUNCIL ON TUESDAY 12 NOVEMBER 2013 PSR13/003 ALCOHOL FREE ZONE - KUPPA AVENUE, MALUA BAY ATTACHMENT 1 MALUA BAY ALCOHOL FREE ZONE (POLICE)

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PSR13/004 DONATION OF DEVELOPMENT APPLICATION FEES 94.7281.D


Attachments: Nil

Strategic Objective: 8: We work together to achieve our goals

Delivery Plan Link: Integrated Planning

Operational Plan Link: Key Projects 2013-14

EXECUTIVE SUMMARY

In accordance with Council’s Code of Practice for Reimbursement of Development Application (DA) Fees, Malua Bay Rural Fire Brigade lodged a request for the refund of development application fees paid in relation to DA No: 95/14, addition of storage space and mezzanine within the Malua Bay Rural Fire Brigade’s Fire Shed.

This development was approved on 19 September 2013 with the local brigade paying $1585 in fees for the proposal and construction certificate processes. Under Council’s Code of Practice, only the DA assessment fee, being in this case $200, may be refunded and in this regard, this report recommends approval to refund this fee.

RECOMMENDATION

THAT a donation be made to the Malua Bay Rural Fire Brigade to the value of $200.00, being the assessment fee of Development Application No: 95/14, in accordance with Council’s Reimbursement – DA Fees, Code of Practice.

BACKGROUND

The Malua Bay Rural Fire Brigade is made up of committed volunteers who respond to fires and motor vehicle accidents as well as conduct hazard reduction burns to protect the community from fire and to reduce the impact of bushfires. The volunteer members of the Brigade have raised funds to build a storage shed and mezzanine level within the existing fire shed at Reservoir Road, Malua Bay. These extensions will allow more space for storage of critical equipment and ease of access for the brigade members to better serve the community. The DA was approved 19 September 2013 and the local brigade paid $1585 in fees for the development application and construction certificate processes. Schedule of fees paid were:

$200.00 .............. Development Application fee $62.00 ................ Consent advertising $414.00 .............. Advertising $320.00 .............. Construction Certificate $589.00 .............. Compliance Certificate


PSR13/004 DONATION OF DEVELOPMENT APPLICATION FEES 94.7281.D

An application has been made under the Reimbursement – DA Fees, Code of Practice for the refund of fees paid however under this Code, only the development application may be reimbursed. Construction Certificate, compliance inspection fees and advertising are not refundable.

Policy

Item 6 of Council’s Reimbursement – DA Fees, Code of Practice allows for:

“100% refund [of DA fees] - where applications were submitted by non profit, voluntary or community groups which did not derive profit from sale or rental of land or buildings”

Financial

Schedule of fees paid are: $200.00 .............. Development Application fee $62.00 ................ Consent advertising $414.00 .............. Advertising $320.00 ............. Construction Certificate $589.00 .............. Compliance Certificate

CONCLUSION

The refund of development application would be in the form of a donation made to the Malua Bay Rural Fire Service to the value of the Development Application assessment fee of $200.00.

Construction Certificate, compliance inspection fees and advertising are not refundable under the Code of Practice.


PSR13/005 AMENDMENT NO 1 DELIVERY PROGRAM 2013-2017 AND OPERATIONAL PLAN 2013-2014

E13.7028


Attachments: Nil


Delivery Plan Link: Integrated Planning

Operational Plan Link: Develop, monitor and review Council’s Delivery Program and Operational Plan.

EXECUTIVE SUMMARY

Under the Division of Local Government’s Integrated Planning and Reporting Guidelines Essential Element 3.11, where an amendment to the Delivery Program is proposed that impacts on projects, programs and services adopted, the amendment must be included in a business paper which outlines the reasons for the amendment, which is tabled and resolved to be noted at that meeting and considered by the Council at its next meeting.

Council at its Ordinary meeting on 22 October 2013, noted a report on Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-2014 as adopted by Council 26 June 2013. The purpose of this report is to have the Amendment considered and adopted by Council as required by Element 3.11 described above.

RECOMMENDATION

THAT Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-2014 is adopted and these plans are changed accordingly.

BACKGROUND

As a consequence of the changes to the Organisation Structure made in August 2013, minor amendments to the adopted Delivery Program 2013-2017 and Operational Plan 2013-2014 have been necessitated.

CONSIDERATIONS

Council’s Delivery Program 2013-2017 and Operational Plan 2013-2014 were adopted at the Ordinary Meeting of Council on 26 June 2013.

As stated in Section 404 of the Local Government Act 1993 the Delivery Program is required to detail the principle activities that Council commits to deliver during its term of office. The Operational Plan is prepared as a sub plan of the Delivery Program and must directly address the actions outlined in the Delivery Program by detailing the activities to be undertaken in that year, as part of the Delivery Program.



E13.7028

As a consequence of the changes to the Organisation Structure made in August 2013, minor amendments to the adopted Delivery Program 2013-2017 and Operational Plan 2013-2014 have been necessitated.

A summary of the main changes follows:

Page 8 Update Council organisation commentary

Pages 10-11 Where does the money go? Cost of each service needs to be realigned to adjusted cost centres via services

Page 18-19 DP 4 year budget Liveable update

Page 24 Rename service ‘Arts and Recreation’ expand to include the following recreation functions: contract management, management committees, local sporting groups.

Page 24 Remove part Recreation Development budget from OP in this service area and transfer to Business Development Events and Tourism.

Page 32 & 34 Water and Sewer: Add ‘review and develop infrastructure strategies’ as a function and relevant key projects and budget moved across from Integrated Planning

Page 44 DP 4 year budget Productive update

Page 45 Rename service ‘Business development, Events and Tourism’

Page 46 Rename service ‘Property’

Pages 53,54,56 Rename service ‘Office of the GM’ to ‘Executive Services’ and amend accordingly

Page 54 DP 4 year budget Integrated Planning update

Page 57 Remove Asset and Sustainability Planning plus relevant key projects and budgets. This will go to Water/Sewer and Organisational Support services respectively.

Page 60 DP 4 year budget Organisation Support update

Page 62 Organisational Support projects and budgets update

Each service page list the Divisional Manager/CFO only as responsible

Rename positions mentioned otherwise accordingly

Revise budget allocations mentioned otherwise accordingly as per the September review

By and large, the changes proposed are minor and inconsequential to the document as a whole, but are necessary to ensure the correct reporting lines and budget allocations moving forward.

Legal

Under the Division of Local Government’s Integrated Planning & Reporting guidelines Essential Element 3.11 changes to the Delivery Program (and Operational Plan of a Council if combined), need to be considered and adopted by Council.

Under Essential Element 3.12 where significant amendments are proposed, the Delivery Program must be re-exhibited as per Essential Element 3.8.



E13.7028


The amendments proposed to the Delivery Program 2013-2017 and Operational Plan 2013-2014 are not considered significant enough to require its re-exhibition.

CONCLUSION

It is proposed that Amendment 1 to the Delivery Program 2013-2017 and Operational Plan 2013-2014 be adopted by Council and these plans changed accordingly.


IR13/001 LOCAL TRAFFIC COMMITTEE MEETING NO 03 FOR 2013-2014 E13.7002

Responsible Officer: Warren Sharpe - Director Infrastructure Services

Attachments: Nil

Strategic Objective: 5: We help our local economy grow

Delivery Plan Link: Transport

Operational Plan Link: Coordinate the Local Traffic & Development Committees

EXECUTIVE SUMMARY

The Local Traffic Committee is primarily a technical review committee. It advises Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

This report represents the minutes of the Local Traffic Committee meeting that convenes on a monthly basis. The main issues covered at the Local Traffic Committee Meeting of 10 October 2013 were as follows:

Parking – Clyde Street, Batemans Bay

Special Event Application – Challenge Batemans Bay Triathlon Festival

Speeding – Mort Avenue, Dalmeny

Parking – Orient Street, Batemans Bay

Parking – River Road, Moruya

Traffic Management - The Ridge Road, Malua Bay; Glenella Road, Batehaven; Old Punt Road, North Batemans Bay; Bavarde Avenue, Batemans Bay; Princes Highway, Narooma and Beach Road, Batemans Bay

Parking – Vulcan Street, Moruya

Traffic Management – George Bass Drive, Batehaven

Special Event Application – South Coast Caravan and Camping Expo, Batemans Bay

Bicycle NSW Discovery Weekend – Batemans Bay

Special Event Applications – Remembrance Day Ceremonies – Batemans Bay and Moruya

Parking – Truck Zones

Traffic Management – Narooma Bridge and Princes Highway, Batemans Bay

RECOMMENDATION

THAT 1. The minutes of the Eurobodalla Local Traffic Committee meeting No 02 for 2013-2014 held

on 8 August 2013 be received and noted.

2. Two alternate locations for the Clyde Street Loading Zone be put to the businesses along Clyde Street and the results of this consultation process be reported to the Local Traffic Committee at a future meeting.

3. The existing Loading Zone located in Orient Street, Batemans Bay be lengthened to a total

of 14 metres.



4. The existing 6 metre long five (5) minute parking zone located in Orient Street, Batemans

Bay be relocated to the south to facilitate the lengthening of the adjacent Loading Zone.

5. Double barrier centre line-marking be installed along the length of The Ridge Road between The Link Road and Dunns Creek Road, Malua Bay.

6. Plan 4600 Set A Sheet 19 detailing the signage and line-marking for Glenella Road,

Batehaven be approved subject to the inclusion of TB and TB1 lines at the intersection with Curtis Road and at the intersection with George Bass Drive.

7. That the plans showing the proposed signage and line-marking for the proposed service

station located in Old Punt Road, North Batemans Bay be approved subject to the following amendments:

a) TB1 lines be provide at the entry point to the service station. b) Pavement arrows be provided on the entrance and exit driveways to reinforce the one-

way traffic flow arrangement. c) The pram ramps at both access points to the service station site be reorientated to

provide a clearer path of travel for pedestrians. 8. Plan 4711 Set A Sheet 24 detailing the signage and line-marking proposed for the

intersection of Bavarde Avenue and Gregory Street, Batemans Bay be approved subject to the following amendments: a) TB1 line marking be provided at the intersection with Gregory Street. b) Painted chevrons be provided on the approach to the traffic island.

BACKGROUND

The Eurobodalla Local Traffic Committee meeting No 03 for 2013-2014 was held on Thursday 10 October 2013 in Council’s Training Room. It was attended by Councillor Neil Burnside (Chairperson), Geoff Armstrong (Traffic Officer), Peter Bache (Roads and Maritime Services), Sergeant Angus Duncombe (NSW Police Force), Mrs Danielle Brice (representative for the Hon Andrew Constance) and Karen Sydenham (Minute Secretary). Apologies were received from Councillor Milton Leslight and Leading Senior Constable David Smart (NSW Police Force).

DEPUTATIONS

Roy and Alan Syne were welcomed to the meeting to discuss agenda item 2014.RT.007 Parking – Clyde Street, Batemans Bay. Roy and Alan Syne are the owners of the Clyde River Motor Inn situated in Clyde Street, Batemans Bay. They have requested that an alternate location be found for the Loading Zone situated outside the motel premises.



The basis of the request centres around the redevelopment of the motel site that will see a restaurant on the Clyde Street frontage. The restaurant will be elevated from footpath level and the owners believe the existing Loading Zone will have a detrimental impact on the dining experience. Furthermore, in 2008, the property owners indicated they were advised by Council that the Loading Zone was of a temporary nature due to the construction of the Foreshore area. In addition to this, currently the doors of the delivery vehicles using the Loading Zone over-hang the property’s driveway and obscure the motels driveway and signage. Finally, the owner indicated the noise of early morning deliveries is not conducive to a good night’s rest for the motels customers. All deliveries to the motel site are made via the North Street access.

MINUTES OF PREVIOUS MEETING

The minutes of the Eurobodalla Local Traffic Committee Meeting No 02 for 2013-2014 held on Thursday 8 August 2013 were confirmed and accepted.

OUTSTANDING ITEMS FROM PREVIOUS MINUTES

2014.RT.007 Parking – Clyde Street, Batemans Bay This item was raised at the August 2013 meeting with the recommendation being that the property owners of Clyde River Motor Inn be invited to make a deputation at the October 2013 meeting to allow the Committee to gain a better understanding of the nature of the request. Reference should be made to the deputation detailed above. The Clyde River Motel has been approved for redevelopment. Observations were made at this Loading Zone on Tuesday 1 October between 8:30am and 11:15am. During this time six vehicles used the zone. Three of these were vehicles loading/unloading whilst the other three were cars that pulled up in this location for short periods of time. The observations showed that this loading zone was being utilised but was not as busy as the nearby zone located in Orient Street. Limited alternative locations exist for this loading zone and the current location was the end result of extensive consultation with the local businesses during the planning of the recently complete street scaping works in Clyde Street. The Committee noted that Roy Syne indicated in his deputation that it was his understanding that the current location was a temporary arrangement and the Committee asked that further details be provided on this. The Committee agreed that consultation take place with the business owners along Clyde Street to consider possible alternate locations. It was agreed that the following alternate locations be put to the business owners:

A 14m length adjacent to the intersection with North Street.

A 14m length located to the north of the recently constructed exit driveway from the Bridge Plaza.



The results of this consultation process will then be reported to a future Committee meeting for determination. Recommendation: The two alternate locations for the Clyde Street Loading Zone be put to the businesses along Clyde Street and the results of this consultation process be reported to a future Committee meeting. 2014.SE.003 Special Event Application – Challenge Batemans Bay Triathlon Festival An early draft of the proposed Traffic Management Plan for the 2014 Challenge Batemans Bay Triathlon Festival was presented to the Committee at the meeting held on 8 August 2013. This triathlon festival will be conducted by Elite Energy over the weekend of 15-16 March 2014. The following recommendation was made at this meeting: 1. A separate sub-committee be formed made up of the RMS representative, Police

representative and Council’s Traffic Officer to assist the organisers in the development of a suitable Traffic Management Plan for the Challenge Batemans Bay Triathlon Festival.

2. The completed Traffic Management plan be presented to the Committee at a future meeting for adoption.

The first meeting to discuss the Traffic Management for this triathlon was held on 23 August 2013 at the Batemans Bay Police Office. It was attended by representatives from Council (Geoff Armstrong), RMS (Peter Bache), Police (Sergeant Angus Duncombe, Leading Senior Constable David Smart, Inspector Peter Volf) and Elite Energy (Robert Glendinning).

The Committee was given an update on the progress of the development of a Traffic Management Plan for this event. It was noted that significant progress had been made on the development of plans for the events to be conducted on the Saturday. The Committee asked that an alternate route for the bicycle leg be investigated. An alternate route was being considered for the Sunday event whereby the cycling leg utilised Tallgums Way, The Ridge Road, Dunns Creek Road and Tomakin Road to avoid the need to close lengths of George Bass Drive through Malua Bay. The Committee noted that the end of the run event, and subsequent finish of the Challenge Triathlon to be conducted on the Sunday, was planned to take place in the Foreshore Park in Clyde Street. This change would provide an increased profile for the event by involving the Batemans Bay CBD area and associated businesses. This proposed change was supported by the Committee.

Action Sheet

The Action Sheet outlining all of the Committee’s outstanding items was distributed to members. The Police representative updated the Committee on the following outstanding item:



2014.RT.008 Speeding – Mort Avenue, Dalmeny At the August 2013 meeting, it was agreed that Council obtain speed counts of vehicles travelling in the 60km/h speed zoning in Mort Avenue in the vicinity of the Goolara Avenue intersection. The Traffic Officer reported that the 85th percentile speed recorded for eastbound traffic was 61.6km/h and for westbound traffic 60.5km/h. These speeds were not considered to be high given that it was a 60km/h speed zoning. The Police representative stated that the construction of the road made speed enforcement difficult to obtain valid speed checks. Police have patrolled the area on three separate occasions in the early morning and recorded speeds were not high.

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT ITEMS FOR DETERMINATION

2014.RT.010 Parking – Orient Street, Batemans Bay Correspondence has been received requesting that Council make alterations to the existing Loading Zone located in Orient Street, Batemans Bay. Concerns have been raised by business owners and transport operators who utilise this Loading Zone regarding the length of the zone as it is insufficient to allow larger delivery vehicles to gain legal access. Mr Keith Jackson, a local transport operator, addressed the Council Meeting of 27 August 2013 regarding this issue and then meet on site with Council staff on 3 September 2013 prior to the issue being raised at this traffic committee meeting The zone is currently approximately 6 metres long with a No Stopping zone at its northern end and a five minute parking zone at the southern end. Observations were conducted on this zone on the morning of Friday 20 September 2013 and the following is a summary of the results:

The study was completed between the hours of 7:45am and 11:15am on Friday the 20 September 2013. The hours that apply to the parking restrictions for the loading zone are 8:30am to 5:30pm Monday to Friday and 8:30am to 12:30pm on Saturday.

In the 3.5 hours observed, there were a total of ten vehicles that either used the Loading Zone or the No Stopping Zone behind the Loading Zone for the purpose of loading or unloading goods. There were four cars that used the Loading Zone within this period without loading or unloading goods.

The total amount of time the Loading Zone was free during the study period was 92 minutes.

The total amount of time the Loading Zone and the No Stopping Zone were in use at the same time during the study period was 28 minutes.

Of the ten vehicles loading during the observed period, one was a sedan, four were light commercials (e.g. vans and utes) and five were trucks.

The large truck that was in the Loading Zone between 9:54am and 10:15am also took up the five minute parking space in front of the Loading Zone as it was too long for the zone. If this



parking space had not have been available at the time of loading the truck would have had nowhere to stop.

The Loading Zone was again observed on Tuesday 1 October between 8:30am and 11:15am. During this observation period the zone was again well utilised with similar access difficulties to those described above. From the above observations, the Committee agreed that there is a lack of loading zone area. The loading zone space is not long enough for larger trucks which means there is nowhere they can legally park to load or unload goods. The Committee agreed that this Loading Zone be lengthened to 14 metres to allow more room for larger service vehicles. To achieve this it is recommended that the existing five minute parking zone be relocated further to the south to facilitate the additional loading zone length. Recommendation: 1. The existing Loading Zone located in Orient Street, Batemans Bay be lengthened to a total

of 14 metres. 2. The existing 6 metre long five minute parking zone located in Orient Street, Batemans Bay

be relocated to the south to facilitate the lengthening of the adjacent Loading Zone. 2014.RT.011 Parking – River Road, Moruya Additional correspondence has been received from a resident in River Road concerning parked vehicles obstructing access to residential driveways. Concerns regarding parking in River road were discussed recently after similar correspondence was received. At the meeting held on 11 July 2013 the committee recommended the following: 1. That the installation of a No Stopping zone on either side of the driveway to 15 River Road,

Moruya not be supported. 2. That the Committee revisit the situation once the construction activity at Moruya Hospital

The latest correspondence comes from 19 River Road, Moruya and it raises similar issues. Construction work is still continuing at nearby Moruya Hospital. The Committee agreed that a detailed study of the parking behaviour in the area fronting the hospital be conducted once construction work has concluded. This study should involve an assessment of the on-street parking spaces occupied during various times of the day and other relevant observations to enable the Committee to determine if corrective actions are warranted. Recommendation: A detailed parking study be conducted in River Road, Moruya once construction activity currently taking place on the Moruya Hospital has concluded and the results of this study be reported back to the Committee at a future meeting.



2014.RT.012 Traffic Management - The Ridge Road, Malua Bay A request has been made for the provision of a marked centre line along a section of The Ridge Road, Malua Bay. The section of The Ridge Road between the recently reconstructed Link Road and Dunns Creek Road currently has no centre line-marking. The sealed width of this section of road is approximately 7 metres which is suitable for the provision of centre line-marking. Centre line-marking is already in place in the section of The Ridge Road between Dunns Creek Road and Tallgums Way, and in the section between the Link Road and Burri Road. The full sealed length Burri Road to the south also has centre line-marking installed. A site inspection has revealed that, due to the vertical and horizontal alignment of this section of road the provision of double barrier lines along the full length would be the best option. The Committee agreed that double barrier centre line-marking be installed along the length of The Ridge Road between The Link Road and Dunns Creek Road, Malua Bay. Recommendation: Double barrier centre line-marking be installed along the length of The Ridge Road between The Link Road and Dunns Creek Road, Malua Bay. 2014.RT.013 Traffic Management – Glenella Road, Batehaven Council is currently reconstructing a section of Glenella Road in Batehaven. This is the first section of the proposed South Batemans Bay Bypass that will eventually provide a connection between George Bass Drive and the Princes Highway. The first stage of this project involves the reconstruction of the existing length of Glenella Road to provide a suitable standard of roadway to suit its future use. A plan showing the proposed signage and line-marking associated with this reconstruction project was presented to the Committee. The RMS representative sought a small amendment to the plan and asked that the intersection with Curtis Road and the intersection with George Bass Drive have a type TB and a type TB1 holding line in accordance with the current standards. The Committee supported this proposed amendment. Recommendation: Plan 4600 Set A Sheet 19 detailing the signage and line-marking for Glenella Road, Batehaven be approved subject to the inclusion of TB and TB1 lines at the intersection with Curtis Road and at the intersection with George Bass Drive. 2014.RT.014 Traffic Management – Old Punt Road, North Batemans Bay The construction of a previously approved development for a service station located at the intersection of Kings Highway and Old Punt Road will commence shortly.



The developers have submitted a signage and line-marking plan for the service station’s access point located in Old Punt Road. This plan was presented to the committee for comment and approval. The RMS representative requested that the plan be amended to show TB1 lines at the entry point to the service station. It was also requested that the pram ramps at the access points to the site be reorientated to provide a clearer path of travel for pedestrians. The Police representative requested that pavement markers showing the one way flow of traffic within the site be incorporated within the plan. He further enquired about the hours of operation as if the service station was to operate late into the night this may have anti-social behavioural issues that require Police attention. The Committee supported all of the above amendments. Recommendation: That the plans showing the proposed signage and line-marking for the proposed service station located in Old Punt Road, North Batemans Bay be approved subject to the following amendments: 1. TB1 lines be provide at the entry point to the service station. 2. Pavement arrows be provided on the entrance and exit driveways to reinforce the one-way

traffic flow arrangement. 3. The pram ramps at both access points to the service station site be reorientated to provide

a clearer path of travel for pedestrians. 2014.RT.015 Traffic Management – Bavarde Avenue, Batemans Bay

A plan showing the signage and line-marking proposed for the intersection of Bavarde Avenue and Gregory Street, Batemans Bay was presented to the Committee. The plan showed the provision of a traffic island that was designed to prevent vehicles from cutting the corner when travelling from Gregory Street into Bavarde Avenue. The island had also been designed to act as a pedestrian refuge. The plan also included the installation of a Trucks Prohibited sign (R6-10-2). This sign prevents vehicles weighing over 4.5 tonne from using this section of road. However, as per Road Rule 104, vehicles such as garbage trucks and other delivery vehicles are still permitted to use the road.



The RMS representative requested that TB1 lines be provided at the intersection with Gregory Street in accordance with current standards. He also requested that painted chevrons be provided on the approach to the traffic island. The Committee supported the amendments. Recommendation: Plan 4711 Set A Sheet 24 detailing the signage and linemarking proposed for the intersection of Bavarde Avenue and Gregory Street, Batemans Bay be approved subject to the following amendments: 1. TB1 line marking be provided at the intersection with Gregory Street, Batemans Bay. 2. Painted chevrons be provided on the approach to the traffic island. 2014.RT.016 Traffic Management – Princes Highway, Narooma Council is currently developing proposals for a pedestrian facility on the Princes Highway, Narooma. As part of a larger landscaping plan that includes the provision of the roundabout currently under construction at the intersection of Bluewater Drive, a pedestrian refuge is proposed on the Princes Highway adjacent to the Narooma Visitor Information Centre. The need for this crossing facility was identified in the Narooma Pedestrian Access and Mobility Plan completed in 2008. After some site inspections conducted by Council and RMS, a proposed location has been identified. This location meets the requirements for sight distance and has a minimal effect upon car parking and property access. It is also located in a position that will provide a useful link between the Visitor Information Centre car park and the businesses located on the opposite side of the highway. A plan showing the proposed location of this pedestrian facility was presented to the Committee. The Committee supported the proposed pedestrian facility at the location shown. Recommendation: The location of the proposed pedestrian refuge island on the Princes Highway in front of the Narooma Visitor Information Centre be supported. 2014.RT.017 Traffic Management – Beach Road, Batemans Bay Council has received correspondence raising concerns about pedestrian safety when crossing Beach Road between Flora Crescent and Country Club Drive intersections, Batemans Bay. The correspondent stated that there are very few pedestrian crossing points along this length of Beach Road. The large residential population on the western side of Beach Road combined with the location of the shared pathway and recreational attractions on the eastern side creates an increased desire for pedestrians to cross at various locations along this length of road.



The intersections of Beach Road and Flora Crescent, as well as Beach Road and Country Club Drive are signalised which provides safe and effective crossing points. The Bavarde Avenue intersection has a roundabout with provides sufficient gaps within the splitter islands to allow for a staged crossing point on either side of the intersection. The distance between the Flora Crescent and Bavarde Avenue intersections is approximately 800 metres. The distance between the Bavarde Avenue and Country Club Drive intersections is approximately 980 metres. The Committee agreed that a Pedestrian Access and Mobility Plan (PAMP) should be developed for the length of Beach Road between the intersections of Flora Crescent, Batemans Bay and George Bass Drive, Batehaven. Funding for the development of a PAMP is available through Roads and Maritime Services and the Committee agreed that Council should lodge a funding application for this study. Recommendation: Council apply to Roads and Maritime Service for funding for the development of a Pedestrian Access and Mobility Plan for the length of Beach Road from the intersection with Flora Crescent, Batemans Bay to George Bass Drive, Batehaven.

Other Road Transport Items

2014.RT.018 Parking – Vulcan Street, Moruya The Traffic Officer reported that he had received a request for a Loading Zone in Vulcan Street, Moruya at the Queen Street intersection to assist with deliveries to the surf shop. The Traffic Officer stated that the majority of businesses located on the eastern side of Vulcan Street had rear access. Utilising the rear laneways would allow for safe and legal deliveries to the business. The Traffic Officer informed the Committee that due to the availability of the rear laneway in this location the request for a Loading Zone had been rejected. The Committee noted this and agreed with Councils position. 2014.RT.019 Traffic Management – George Bass Drive, Batehaven The RMS representative stated he had receive correspondence from Batemans Bay High School raising concerns and suggestions about traffic congestion and parking issues outside the school. The school seeks the installation of painted words on the road pavement ‘Do Not Queue’ at the exit to the on-site parking area. The Committee did not support this suggestion. The correspondence also mentions the issue of double parking in the old bus parking bay and the Committee suggested that Council’s Rangers enforce this area. The RMS representative suggested that the taper near Joes Creek Bridge be reduced by removing the pavement arrows so there is no conflict with on-street parking and the taper arrows. The Committee supported this suggestion and suggested that this be done in conjunction with any future resurfacing at this location.



Recommendation: 1. The installation of painted ‘Do Not Queue’ on the road pavement immediately adjacent to

the Batemans Bay High School parking area not be supported.

2. Council Rangers be asked to enforce the parking in front of Batemans Bay High School.

INFORMAL ITEMS FOR DISCUSSION

2013.SE.020 Special Event Application – South Coast Caravan and Camping Expo, Batemans Bay

A special event application has been received to conduct the South Coast Caravan and Camping Expo at Mackay Park, Batemans Bay from 8 to 10 November 2013. The expo will be conducted in a similar fashion as in previous years. The traffic management plan is identical to the 2012 event with the added provision of additional parking available along the Princes Highway frontage and the inclusion of a shuttle bus service for visitors to the expo. The Committee raised no objections to the traffic management plan as presented. Recommendation: That the 2013 South Coast Caravan and Camping Expo to be conducted at Mackay Park from 8 to 10 November be approved based upon the submitted Traffic Management Plan. 2013.SE.022 Bicycle NSW Discovery Weekend – Batemans Bay A special event application has been received for the running of the Bicycle NSW Discovery Weekend at various locations in and around Batemans Bay from 29 November to 1 December 2013. The event consists of a number of different routes for social rides. Cyclists will meet at Hanging Rock Reserve where each route commences and finishes. A guide will take participants on the route of their choice which range in distance and terrain. Upon registration, each participant will be given a reference manual. Destinations include Nelligen, South Durras, Long Beach, Surfside, Mogo and Moruya Heads. A traffic management plan and Road Occupancy License application has been lodged with RMS. The RMS representative advised that the Road Occupancy License has not yet been approved and will follow this up with his colleagues. Both the RMS and Police representative saw no issues with the cycling routes within the local road network but they did have concerns about groups of recreational cyclists on the Princes and Kings Highways. The Committee agreed to defer this item pending the outcome of the Road Occupancy Licence application lodged with the RMS.



Recommendation: That consideration of the 2013 Bicycle NSW Discovery Weekend to be conducted in and around Batemans Bay from the 29 November till 1 December be deferred pending the outcome of the Road Occupancy application currently being consider by the RMS. 2014.SE.004 Special Event Application – Remembrance Day Ceremony – Batemans Bay A special event application has been received for the Remembrance Day Ceremony to be held in Clyde Street, Batemans Bay on Monday 11 November 2013.

The ceremony will be held between 10:45am and 11:15am at the Honour Stone located in the foreshore reserve. During the ceremony Clyde Street will be closed to traffic from the intersections with North Street and the Princes Highway. The traffic management plan for the road closure was tabled and the Committee raised no objections. Recommendation: That the Remembrance Day Ceremony to be conducted in Clyde Street, Batemans Bay on Monday 11 November 2013 between 10:45am and 11:15am be approved based upon the submitted Traffic Management Plan. 2014.SE.005 Special Event Application – Remembrance Day Ceremony – Moruya A special event application has been received for the Remembrance Day Ceremony to be held in Page Street, Moruya on Monday 11 November 2013. The ceremony will be held between 10:40am and 11:05am near the Moruya RSL Hall. During the ceremony the length of Page Street between Campbell Street and Queen Street intersections will be closed to traffic, as well as the western end of Mirrabooka Avenue. The traffic management plan for the road closure was tabled and the Committee raised no objections. Recommendation: That the Remembrance Day Ceremony to be conducted in Page Street, Moruya on Monday 11 November 2013 between 10:40am and 11:05am be approved based upon the submitted Traffic Management Plan.

Other Informal Items

2014.IN.002 Parking – Truck Zones Council received correspondence from a Sydney City Council Parking Officer seeking support from all NSW Council’s to the Road Rule 180 – Truck Zones. In particular, that time restrictions can be placed within Truck Zones.



It was noted that the correspondence indicated that the proposed change was made by an individual and was not supported by Sydney City Council. The Committee agreed that this was not a matter for the Local Traffic Committee. 2014.IN.003 Traffic Management – Narooma Bridge Prior to leaving the meeting, the Chairperson enquired with the RMS representative whether feature lighting could be installed on Narooma Bridge as this was a suggestion by the community. The RMS representative stated that it would be unlikely that feature lighting would be installed on the bridge structure as non-standard lighting could have safety issues for motorists. However, feature lighting may be installed adjacent to the structure and he will make enquiries to his colleagues and advise the Chairperson accordingly. 2014.IN.004 Traffic Management – Princes Highway, Batemans Bay Mrs Danielle Brice on behalf of the Rural Fire Service (RFS) raised an issue regarding the right-turn access from Guy Street, Batemans Bay onto the Princes Highway. A concrete median had recently been provided at this intersection which restricts movements to left-in/left-out only. A request had been made for an alteration to allow RFS vehicles to mount the median in order to travel towards the north. The RFS have indicated that this is the quickest way for them to travel northwards from their station located in Orient Street. The RMS representative stated that the route to the Princes Highway via Orient Street and Beach Road was 40 metres shorter than the route from the Guy Street intersection. However, Mrs Brice responded by stating that RFS had received correspondence from the Police stating utilising the main streets of Batemans Bay was not an option. The Police representative stated that he was unaware of such correspondence and could not see the difference with RFS and other emergency service vehicles travelling through Batemans Bay CBD. The RMS representative stated that removal or modification of the concrete median as requested was not possible and suggested that the RFS use the alternate route via Beach Road.

NEXT MEETING

The next meeting of the Eurobodalla Local Traffic Committee meeting will be held on Thursday 14 November 2013.


IR13/002 TENDERS FOR INVESTIGATION, DESIGN, ENVIRONMENTAL ASSESSMENT, DETAILED DESIGN AND DOCUMENTATION FOR BODALLA SEWAGE TREATMENT PLANT AND EFFLUENT REUSE SYSTEM

E02.6256


Attachments: 1. Tender Recommendation Report - Bodalla Sewage Treatment Plant and Effluent Reuse Scheme Design (Clrs)

Strategic Objective: 4: We use & manage our resources wisely

Delivery Plan Link: Sewer Services

Operational Plan Link: Bodalla Sewerage Scheme – Investigation and design phase

EXECUTIVE SUMMARY

Following the purchase of land for the location of a Sewage Treatment Plant (STP) and effluent reuse scheme to service Bodalla (Council Minute No.12/316), tenders were called for the design and associated investigations for a 500 Equivalent Persons (EP) STP and associated effluent reuse system. The tenders have been assessed, with a preferred tenderer nominated.

This report is to present to Council the preferred tenderer for consideration, in accordance with section 55 of the Local Government Act 1993 and Section 163 of the Local Government (General) Regulation 2005.

RECOMMENDATION

THAT Council accepts the preferred tenderer as identified in recommendation no.3 of the confidential attachment to this report for the investigation, design, environmental assessment, detailed design and documentation of a Sewage Treatment Plant and effluent reuse scheme at Bodalla.

BACKGROUND

The most affordable option for supplying sustainable sewerage services to Bodalla is considered to be providing adequate treatment to be able to supply effluent for irrigation of local agricultural land. Initial delays have been encountered in this project as efforts focusing on obtaining agreements with local irrigators to take the effluent proved unsuccessful due to the relatively small quantity of treated effluent available.

Council has therefore purchased a property large enough to accommodate an STP and effluent irrigation scheme, and to either operate or lease the effluent irrigation operations (Council Minute No. PSFSM12/13 and 12/316).

Preliminary environmental investigations have been undertaken to determine the suitability of the land for irrigation of effluent and on the impact on the downstream receiving environment. In consultation with the NSW Office of Water and NSW Environment Protection Authority, effluent quality parameters have been established. The required effluent quality can be achieved using an Intermittently Decanted Extended Aeration (IDEA) process or equivalent



E02.6256

technology. It is intended that the design be such that the STP can be easily upgraded to cater for loads from Potato Point in the future.

A request for tenders was advertised in the Sydney Morning Herald, local newspaper and on the NSW Government’s eTendering website between the 20th August to the 10th September 2013 for the :

Investigation, concept design, environmental assessment, detailed design and documentation for an IDEA STP or equivalent process proven to meet the agreed effluent quality requirements; and

Investigation, concept design, environmental assessment, and documentation for a design and construct contract of the Bodalla Effluent Reuse System.

The tender process was managed by NSW Public Works. Council’s Water & Sewer staff participated in the tender evaluation process. A total of nine tenders were received. Tenders were assessed against non-price and price criteria, with a weighting of 50% each. The non-price attributes and associated weightings used in the assessment included:

Relevant experience of nominated design team in STP and reuse investigations, design and documentation (15%);

Previous performance of firm in delivery of STP designs (15%);

Clarity, conciseness and completeness of tender submission (15%); and

Standard of sample drawings (5%).

The confidential tender assessment report provided is attached which provides further detail on the tender process undertaken and recommends a preferred tenderer.

CONSIDERATIONS

Environmental

The aim of the Bodalla Sewerage project is to improve the human and environmental health of the local area through the elimination of failing on-site systems that have the potential to overflow raw sewage into the local environment due to either heavy rain or overloaded systems.


Bodalla ratepayers are being kept informed of project progress through regular newsletters. A newsletter was sent during the last week of October to inform them that design tenders were to be considered at this meeting.

Financial

Council has allocated $1,000,000 in 2013/14 for design, project management and tendering of the Bodalla STP and reticulation. The preferred tenderer for the STP and effluent reuse design is within the available budget and the pre-tender estimate. An adjustment will be made in the



E02.6256

December quarterly review to reflect the anticipated expenditure in the current Operation Plan budget, with the balance being reallocated to 2014/15 to allow completion of the design phase.

CONCLUSION

A total of nine tenders were received for the design and associated investigations of the Bodalla Sewage Treatment Plant and effluent reuse system. From the tender assessment, there is confidence that a contract can be awarded for a price less than the initial pre-tender estimate and within budget, providing value for money to Council.

REPORT TO ORDINARY MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY, 12 NOVEMBER 2013 Page 45

IR13/003 NEW FEE STRUCTURE FOR THE USE OF PROTECTIVE FLOOR COVERING AT COUNCIL PUBLIC BUILDINGS.

E99.3546


Attachments: Nil

Strategic Objective: 1: We are healthy and active

Delivery Plan Link: Parks, Foreshores and Community Facilities

Operational Plan Link: Provide, maintain and renew: Public halls and community centres

EXECUTIVE SUMMARY

Council has a number of public buildings which are sports oriented sites and have a capability to be utilised for larger functions and events in the shire. Following the procurement of a temporary protective floor covering system, as identified in the 13/14 Operational Plan, this report identifies a new fee structure for the use of this asset.

RECOMMENDATION

THAT

1. The draft fee for the hire of the temporary protective floor covering to be used at indoor sporting venues (Batemans Bay Basketball Stadium, Narooma Sport and Leisure Centre and Moruya Basketball Stadium) be set at $480 per use and this draft fee be advertised for public comment for a period of 28 days.

2. Following advertising of the draft fee, a report be brought back to Council to adopt a fee per use of the temporary protective floor covering.

BACKGROUND

Council has three indoor sporting venues being the Batemans Bay Basketball Stadium, Narooma Sport and Leisure Centre and Moruya Basketball Stadium. The floors in these halls are specifically designed for sporting activities. These surfaces provide high quality playing surfaces for the intended user groups.

Each of these sites has a large open indoor space which is suited for events, but they are limited in their use due to the sport-specific flooring within each building. On occasion bookings for these facilities are not able to be taken due to the type of activity and the need to protect the sports floor.

In the past carpet has been used to allow events. This carpet has now been replaced by a lighter weight transportable floor covering. This better addresses previous issues relating to the safety of moving heavy rolls of carpet. This new system has the potential to encourage greater utilization of these facilities.



E99.3546

The protective flooring will be required to be installed when any group is booking the facility for a function which is not sporting based, or may have detrimental impact on the floor. Upon request for hire of the flooring system council will deliver to the nominated site where users will then install the protective flooring. In the procurement of the protective flooring system WHS issues have been considered and a work method statement for safe installation by users is available.

CONSIDERATIONS

The existing permanent structural floor assets have a limited life and are estimated at $100,000 for replacement at each site. Council needs to manage the floors to achieve the longest life from the asset. The use of a protective floor cover extends the life of the existing asset and provides greater opportunities for use of the asset by the community.

Legal

The proposed fees identified in this report are required to be advertised for 28 days prior to adoption by Council.

Asset

Council has invested considerable funds into the structural flooring systems at each of the three indoor sporting venues. Batemans Bay and Moruya Basketball Stadiums have timber sprung floors with a specialized sporting finish, whilst Narooma Sport and Leisure Centre has cushioned vinyl floor. Uses other than those intended e.g. basketball, can have a detrimental effect and severely reduce the useful life and increase maintenance costs of the flooring systems. With a significant cost to replace the flooring it is important that Council manage the infrastructure to ensure the optimum longevity is achieved. The sporting clubs have also had financial input into the floors and are encouraging Council to manage the asset to meet their needs.

Economic Development Employment Potential

It is expected that larger functions and events from outside of the shire will utilise the space within the facilities to a greater extent with the temporary protective flooring making these facilities multi-use.

Financial

A hire fee is required to cover whole-of-life costs of the asset for the use of the temporary protective floor covering. The hire fee incorporates the long term renewal cost of the asset, the transport of the asset from Council’s storage site to the event site, and cost of maintenance.

The proposed fee of $480 per use (up to 1 week where no other event is booked) requires the client to install the protective floor covering based on Council’s work method statement for safe installation. Subsequent weeks where requested will be charged at the reduced rate of $400 per week due to the elimination of transport costs.



E99.3546

The single use fee has been calculated using the following whole of life asset data;

Asset cost - $30,000

Asset useful life – 15 years

Estimated usage per year – 5 times

Transport per usage (Moruya) - $80

The above single usage calculates to $480 per use. This figure has been based upon a Moruya usage with transport being subsidised to Batemans Bay and Narooma. This fee will be adjusted in line with the index adopted for the annual increase of council’s fees and charges.

CONCLUSION

The new protective floor covering purchased for use at Batemans Bay Basketball Stadium, Moruya Basketball Stadium and Narooma Leisure Centre will allow wider community use of and encourage larger functions and events to the shire. The fee for use of the temporary protective floor covering has been recommended for advertisement based on the estimated whole-of-life cost of the asset.


FBD13/001 TOMAKIN ROAD, ROAD WIDENING 84.1265.D/E13.7295

Responsible Officer: Anthony O’Reilly - Chief Financial Officer Business Development

Attachments: 1. Tomakin Road (Clr)


Delivery Plan Link: Transport

Operational Plan Link: Deliver maintenance, renewal and capital works programs for: Local and regional roads

EXECUTIVE SUMMARY

Council has as part of its road infrastructure improvement program, the proposed upgrading of part of Tomakin Road, Mogo at the intersection of Dunns Creek Road. Works including the construction of a right turn bay necessitates the acquisition of private property for road widening purposes. Part Lot 36 Deposited Plan 566222 will be acquired and dedicated as public road.

RECOMMENDATION

THAT

1. All actions necessary be taken for the acquisition of land required for road widening within part Lot 36 Deposited Plan 566222 in accordance with Council’s Code of Practice for Acquiring Land for Public Purposes.

2. All survey and legal costs associated with the land acquisition be borne by Council.

BACKGROUND

Council is to undertake road works as part of an upgrade program on a section of Tomakin Road, Mogo. The works proposed necessitate acquisition of part Lot 36 DP 566222 for road widening being approximately 1300 square metres from a total area of the property being 10.12 hectares.

The name of the registered proprietor is set out in the Confidential Attachment.

CONSIDERATIONS

Sketches of the area proposed to be acquired are set out below.



Legal

The acquisition of the land is necessary to legalise the proposed road widening. A plan of subdivision will be required to be prepared and lodged for registration at the Land and Property Information Office dedicating the road widening as public road.

DU

NN

S C

REE

K R

D

Lot 36

TO

MAK

IN R

OA

D

DP 566222

proposed road widening

1300sqm

DU

NN

S C

REEK

R

D

proposed road widening

Lot 36

DP 566222

TOMAGA RIVER

TO

MA

KIN

RO

AD



Policy

The acquisition of land for road purposes will proceed in accordance with Council’s Code of Practice for Acquiring Land for Public Purposes.

Asset

The works including a right turn bay at this intersection will improve safety conditions. Further upgrading will require future acquisition of neighbouring properties.


The affected landowner has been consulted and has consented in writing to the proposed acquisition.

Financial

Compensation will be determined by a Registered Valuer in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. Together with the compensation, Council will be responsible for all costs associated with the acquisition including survey and legal fees and the registered proprietor’s reasonable legal costs. Based on previous similar acquisitions sufficient funds are available within allocated budgets.

CONCLUSION

The acquisition of part Lot 36 Deposited Plan 566222 is required for road widening purposes on a section of Tomakin Road, Mogo and should be acquired in accordance with Council’s Code of Practice for Acquiring Land for Public Purposes.


FBD13/002 LICENCE FOR KAYAK HIRE, NAROOMA E07.1581


Attachments: Nil


Delivery Plan Link: Business Activities

Operational Plan Link: Manage Council’s property leases, licences and other occupancy agreements to ensure legislative compliance, appropriate financial returns and prudent asset management

EXECUTIVE SUMMARY

The temporary licence to conduct a kayak hire business within Crown Reserve R85364 Riverside Drive, Narooma is due to expire on 3 December 2013. The licensee has requested that a further temporary licence be granted. The business has been operating successfully for a number of years, providing a recreational activity for tourists and local residents alike. Granting a further licence is considered appropriate.

RECOMMENDATION

THAT Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to operate a kayak hire business within Crown Reserve R85364 in Riverside Drive, Narooma to Tony Wynn trading as Kayaking Narooma at a rental of $1,000.00 plus GST pa commencing on 4 December 2013 and terminating on 3 December 2014 with other terms and conditions in line with the current licence.

BACKGROUND

At the Ordinary Council meeting held on 23 October 2012 it was resolved:

“THAT Council as Trust Manager for the Eurobodalla (South) Reserve Trust grant a temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to operate a kayak hire business within Crown Reserve R85364 in Riverside Drive, Narooma to Tony Wynn trading as Kayaking Narooma at a rental of $945 inclusive of GST pa commencing on 4 December 2012 and terminating on 3 December 2013 with other terms and conditions in line with the current licence.”

The current licence expires on 3 December 2013 and the licensee has requested that the licence be renewed.

The licence area is shown in the sketch below.



CONSIDERATIONS

The business operates within the reserve primarily on weekends, public holidays and during school holidays.

The kayaks are unloaded from a trailer each morning and moored adjacent to the boat ramp awaiting hire and a table and chair with umbrella and advertising A-board are set up within the reserve adjacent to the boat ramp.

Legal

Crown Reserve R85364 is under the control of the Eurobodalla (South) Reserve Trust for which Council is Trust Manager. In accordance with Section 108 of the Crown Lands Act 1989 Council as Trust Manager for the Reserve can issue a temporary licence for a period not exceeding 12 months.

This business is consistent with the reserve purpose of public recreation and access.

Social Impact

A kayak hire business operating from this popular reserve serves as an attraction for both tourists and residents alike.

The operation of the business does not significantly impact adversely on the use of the reserve by the public.

This reserve is also the location for the annual Narooma Oyster Festival and accordingly the licensee is not permitted to operate from this location during the running of the Festival.

Financial

The current licence fee is $945 inclusive of GST pa. It is considered appropriate that the fee be increased in line with a similar water sport operation in the area, being $1,100.00 inclusive of GST pa (see minute number PSFS13/58 - 10 September 2013). The licensee has indicated acceptance of the amount of the proposed licence fee.



Licence Conditions

The conditions in the proposed licence should reflect the conditions in the current licence including:

Use of the licence area not permitted during the running of the Narooma Oyster Festival;

Provision of Public liability insurance in the amount of not less than $20 million and Workers Compensation covering all persons employed or deemed to be employed by the licensee;

The Licensee shall keep the licensed area clean and tidy and all papers and other rubbish shall be collected and removed. The Licensee shall immediately repair and make good, damage occasioned by the Licensee’s use of the licensed area;

No fixed structures to be constructed;

The Licensee shall not sublet, assign or otherwise deal with the licensed area; and

The Licensee shall obtain any consent or licence necessary for the conduct of the kayaking business and shall during the term of the licence maintain and/or renew such consent or licence so as to ensure that the same is current during the whole of the term.

CONCLUSION

The kayak hire business is operating successfully from this reserve providing an ongoing attraction for tourists and local residents. Granting a further temporary licence is considered appropriate.


FBD13/003 CARAVAN PARK LEASE - NAROOMA 83.7780.D


Attachments: Nil




EXECUTIVE SUMMARY

Council has previously resolved to give delegated authority to the General Manger to negotiate a new lease with the current lessees of the Narooma Shores Holiday Park that is located on a Crown Reserve under the control of the Eurobodalla (South) Reserve Trust for which Council is Trust Manager. As the lease term had expired, Council consented to a twelve-month carryover period. Unfortunately, due to uncertainty with Crown Lands’ caravan park leasing policy and staffing issues within the Crown Lands Division, negotiations have not been completed. It is therefore necessary for Council to consent to a further carryover period until a new lease is granted.

RECOMMENDATION

THAT

1. Council as Trust Manager for the Eurobodalla (South) Reserve Trust consent to the current lessees of the Narooma Shores Holiday Park remaining on a carryover basis for a further maximum period of twelve months subject to:

(a) Consent from the Minister administering the Crown Lands Act, 1989;

(b) Rent increased in line with the CPI for a maximum period of twelve months.

BACKGROUND

The Narooma Shores Holiday Park is located on a Crown reserve for Public Recreation and Resting Place under the control of the Eurobodalla (South) Reserve Trust for which Council is Trust Manager.

A lease for the Park was granted to Van Villages Pty Limited for a period of twenty years. The lease expired on 5 November 2012 and the lessees requested a further lease. At its Ordinary meeting held on 27 November 2012 Council resolved:

THAT:

1. The current lessees of the Narooma Shores Holiday Park remain on a carryover basis with rent increased in line with the CPI for a maximum period of twelve months.


FBD13/003 CARAVAN PARK LEASE - NAROOMA 83.7780.D

2. The General Manager be given delegated authority to negotiate a new lease with the current lessees.

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

The negotiations for the further lease have not been completed at this stage.

CONSIDERATIONS

Legal

The proposed new lease for Narooma Shores Holiday Park will be subject to consent from the Crown Lands Division of the Department of Primary Industries. Negotiations for the new lease have been on hold pending concurrence with Crown Lands for acceptable terms and conditions in line with Crown Lands’ policy.

Unfortunately due to restructuring and staffing issues within the Crown Lands Division initial discussions between Council and Crown Lands staff have only recently been held.

Further discussions with Crown Lands are necessary before negotiations can be commenced with the lessees.

Given the process involved, it is unlikely a new lease would be in place within six months and therefore it will be necessary for an extension of the carryover period. An extension will require formal consent from the Minister administering the Crown Lands Act 1989.

Financial

Given the carryover has run for twelve months it is considered appropriate for the rent for a further period to be increased in line with the CPI.

CONCLUSION

The negotiations for a new lease have not been completed and the previously agreed to carryover period has expired. It is necessary for a further carryover period to be granted until negotiations are completed and a new lease granted.


FBD13/004 LICENCE TO OPERATE JUMPING CASTLES E07.1579; E07.1580; E07.1581


Attachments: Nil




EXECUTIVE SUMMARY

The temporary licences granted to the proprietor of Pizzaz Parties to operate jumping castles on public land expire on 30 November 2013. The licensee has requested that further temporary licences be granted and extended to allow the additional amusement activity of Sumo Suits. The licensee has been successfully operating for the past twelve months and there would appear to be no reason not to grant licences for a further twelve months.

RECOMMENDATION

THAT:

1. Council as Trust Manager of the Eurobodalla (North) Reserve Trust, Eurobodalla (Central) Reserve Trust and Eurobodalla (South) Reserve Trust consent to the granting of a temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to operate a jumping castle and sumo suit business on Crown Reserve R66122 at Corrigans Beach, Batehaven, Crown Reserve R 82377, Riverside Park, Moruya and Crown Reserve R63051, NATA Oval Reserve, Narooma to the proprietor of Pizzaz Parties with a licence fee of $490.60 including GST and ground rental of $52.00 per day inclusive of GST commencing 1 December 2013 and expiring 30 November 2014 with conditions including:

The Licensee shall book the licence area through Council’s Facilities Booking Officer prior to each use of the area.

The Licensee shall not occupy an area within a charity market licence area without the consent of the charity market licensee.

The Licensee’s vehicle and trailer are to be parked in the formal parking areas within the Reserves and not within the licensed areas.

The Licensor may at its absolute discretion direct the Licensee not to occupy part of the Licensed Area during the period of the Licence.



The Licensee shall keep the said licensed area clean and tidy and all papers and other rubbish shall be collected and removed to a Council waste depot. The Licensee shall immediately repair and make good, damage occasioned by the Licensee’s use of the licensed area.

The Licensee shall keep in full force a public liability insurance policy in the amount of $20 million and Workers Compensation Insurance under the Workers Compensation Act 1987 (NSW) covering all persons employed or deemed to be employed by the Licensee in connection with the Licensee’s use of the property licensed.

2. Approval for the licensee to operate on other Crown Reserves in accordance with the provisions of the licence for private functions be subject to approval by the General Manager.

3. In accordance with the provisions of the Local Government Act 1993 28 days public notice be given of Council’s intention to grant a licence to operate a jumping castle and sumo suit business within various parcels of community land for private functions.

4. Subject to no objections being received a licence be granted to the proprietor of Pizzaz Parties to operate a jumping castle and sumo suit business within Council reserves approved by the General Manager at a fee of $1 and ground rental of $52.00 per day inclusive of GST commencing 1 December 2012 and expiring 30 November 2013 with conditions including:

Use is restricted to private functions.





The Licensee shall keep the said licensed area clean and tidy and all papers and other rubbish shall be collected and removed to a Council waste depot. The Licensee shall immediately repair and make good, damage occasioned by the



Licensee’s use of the licensed area.


5. If any objections are received a further report be presented to Council.

BACKGROUND

At its Ordinary meeting on 27 November 2012 Council resolved that:

1. Council as Trust Manager of the Eurobodalla (North) Reserve Trust, Eurobodalla (Central) Reserve Trust and Eurobodalla (South) Reserve Trust consent to the granting of a temporary licence, in accordance with Section 108 of the Crown Lands Act 1989, to operate a jumping castle business on Crown Reserve R66122 at Corrigans Beach, Batehaven, Crown Reserve R 82377, Riverside Park, Moruya and Crown Reserve R63051, NATA Oval Reserve, Narooma to the proprietor of Pizzaz Parties with a licence fee of $477.40 including GST and ground rental of $50.60 per day inclusive of GST commencing 1 December 2012 and expiring 30 November 2013 with conditions including:









2. Approval for the licensee to operate on other Crown Reserves in accordance with the provisions of the licence for private functions be subject to approval by the General Manager.

3. In accordance with the provisions of the Local Government Act 1993 28 days public notice be given of Council’s intention to grant a licence to operate a jumping castle business within various parcels of community land for private functions.

4. Subject to no objections being received a licence be granted to the proprietor of Pizzaz Parties to operate a jumping castle business within Council reserves approved by the General Manager at a fee of $1 and ground rental of $50.60 per day inclusive of GST commencing 1 December 2012 and expiring 30 November 2013 with conditions including:

Use is restricted to private functions.







5. If any objections are received a further report be presented to Council.

The intention to grant a licence on Council land was advertised and no submissions were received. One licence to operate on Crown Reserves and another to operate on Council Reserves were issued.

Both licences expire on 30 November 2013 and the Licensee has requested that they be renewed.



CONSIDERATIONS

Pizzaz Parties have been operating their jumping castles successfully on public reserves within the Shire, offering their amusement activity to the public and also providing services for private functions such as birthday parties. The business has been extended to include sumo suits, being large padded suits with helmets which are put on by participants who then try to push/wrestle each other out of a ring set up on a large round mat.

Public commercial use, i.e. setting up and inviting the general public to use their facility, has been restricted to Corrigans Beach Reserve, Moruya Riverside Park and NATA Oval.

Plans showing the licence areas are shown below.

Corrigans Beach Reserve



Moruya Riverside Park



NATA Oval, Narooma

Private commercial use, ie birthday parties or private functions, is less restrictive and is currently licensed to operate within Council controlled reserves approved by the General Manager.

Legal

In accordance with the provisions of Section 68 of the Local Government Act, the engaging in a trade or business on Community land requires approval of Council. A licence enables the business to offer their amusement activities to the public and/or to provide services for private functions such as birthday parties on public reserves within the Shire. A licence is required to operate on community land and a separate licence is required to operate on Crown reserves under Council’s care and control.

Before a licence to operate on community land can be granted Council must publicly notify of its intention in accordance with the provisions Section 47A of the Local Government Act and consider any submissions. It is also necessary under the provisions of Section 108 of the Crown Lands Act for Council as Trust Manager to licence businesses operating on Crown Reserves under its control. In accordance with the provisions of the Act, Council as Trust Manager can grant a licence for a period not exceeding 12 months.

Social Impact

This operation provides an attraction and activity for local residents as well as tourists to the Shire.




In accordance with the provisions of the Local Government Act, the proposed licences will be publicly notified and submissions sought.

Financial

The current licence fee to operate on Crown reserves is $477.40 including GST, being the statutory Crown Lands minimum fee, and a ground rental of $50.60 per day including GST. Given the administrative cost for the second licence for the same purpose on Council owned community land is not significant the licence fee to operate on community land is $1.00. It is considered appropriate that the licence fee to operate on Crown reserves be increased in line with the current statutory Crown lands minimum fee of $490.60 including GST with a ground fee of $52.00 per day including GST and the licence fee to operate on community land remain at $1.00 GST with a ground fee of $52.00 per day including GST, subject to both licences being taken up.

CONCLUSION

The jumping castle business is operating successfully within Council controlled reserves providing an ongoing attraction for tourists and local residents. Granting further temporary licences is considered appropriate and the additional activity will provide variety in entertainment.


FBD13/005 MINOR AMENDMENTS TO POLICY DOCUMENTS E13.7095


Attachments: Nil


Delivery Plan Link: Finance & Governance

Operational Plan Link: Manage delegations, policy register, pecuniary interests and governance procedure

EXECUTIVE SUMMARY

Minor amendments are required to recently adopted local policy documents, to enhance transparency and understanding of council policy and procedure, and link policies to the Community Strategic Plan, Delivery Program and Operational Plan.

This includes making all policy language regarding concerns, complaints and consultation correct and consistent.

The Local Government Act 1993 makes provision for changes to a local policy of the council whereby if the council is of the opinion that the amendments to its local policy are not substantial, it may adopt the amended policy without public exhibition.

RECOMMENDATION

THAT Council resolves to make the following non-substantial amendments to its local policies and adopt all such amended policies without public exhibition.

1. Add Strategic Objective, Delivery Plan Link and Operational Plan Link to each policy.

2. Amend procedural information regarding Concerns, Complaints and Consultation to ensure that all policies are correct and consistent.

BACKGROUND

During the time of the recent local policy review there were some changes made to internal Concerns and Complaints procedures which are described on each of Council’s local policy documents (under the ‘Implementation’ section). Rather than delay the overall review by amending individual policies during the review process, it was determined to be more practical and resource-efficient to wait until after the policy review was complete, then make the required changes via one Council resolution.

It has also been identified that each policy should refer to the relevant Strategic Objective and Delivery Plan/ Operational Plan links, to enhance transparency and understanding.

CONSIDERATIONS

The required changes are of a non-substantial nature and do not change the relevant considerations or decision-making criteria of each policy.


FBD13/005 MINOR AMENDMENTS TO POLICY DOCUMENTS E13.7095

Legal

The Local Government Act 1993 makes provision for changes to a local policy of the council whereby if the council is of the opinion that the amendments to its local policy are not substantial, it may adopt the amended policy without public exhibition.

Policy

The recommended changes do not substantially change the relevant considerations of the policy, nor the decision-making criteria. They provide general additional information to Council and the community in order to enhance transparency and understanding of Council policy and procedure, and show how the policy supports Council’s Strategic Objective, Delivery Program and Operational Plan.

Social Impact

Enhancing transparency of Council policy and procedure for the community and understanding of how policies support Integrated Planning and Reporting.


The policies have been exhibited during the recent review and the relevant considerations and criteria for each policy remain unchanged. Public exhibition for non-substantial amendments is not required, pursuant to the LGA.

Staff

Clearer demarcation of implementation procedures, and links to Integrated Planning and Reporting.

CONCLUSION

Minor amendments are required to Council’s recently adopted local policy documents to enhance transparency and understanding of council policy and procedure, and link policies to the Community Strategic Plan, Delivery Program and Operational Plan.

Under the LGA, these amendments can be made and the amended policies adopted by Council without the need for public exhibition.

ORDINARY COUNCIL MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 12 NOVEMBER 2013 Page 66

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.

Nil.


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.

GSAHS Greater Southern Area Health Service

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

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.

LGA Local Government Authority

LGMA Local Government Managers Australia


LGSA Local Government & Shires Association

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.

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.