URALLA SHIRE COUNCIL BUSINESS PAPER

URALLA SHIRE COUNCIL BUSINESS PAPER Notice is hereby given in accordance with the provision of the Local Government Act 1993 that a Meeting of Uralla Shire Council will be held in the Council Chambers 32 Salisbury Street Uralla

ORDINARY COUNCIL MEETING

24 August 2021 Commencing at 1230pm

Kate Jessep GENERAL MANAGER

UINT2110068

Business Paper 24 August 2021 Ordinary Meeting 1

CONTENTS 1 OPENING amp WELCOME 32 PRAYER 3 3 ACKNOWLEDGEMENT OF COUNTRY 3 4 WEBCAST INFORMATION 3 5 APOLOGIES amp APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS 3 6 DISCLOSURES amp DECLARATIONS OF INTEREST 3 7 CONFIRMATION OF MINUTES 4

71 Ordinary Meeting of Council held 27 July 2021 4 72 Extraordinary Meeting of Council held 17 August 2021 34

8 TABLING OF PETITIONS 409 URGENT SUPPLEMENTARY AND LATE ITEMS OF BUSINESS 40

91 Late Report to Council - 40 Uralla 711 and 712 Developer Contributions Plans 40

92 Urgent items 40 93 Supplementary Items 40

10 WRITTEN REPORTS FROM DELEGATES 4011 ITEMS PASSED IN BULK 4012 MAYORAL MINUTE 41

121 Mayoral Minute ndash Condolences to Cr OrsquoConnor 41 122 Mayoral Minute - Review of Council Delegations 42

13 PUBLIC FORUMPRESENTATION 4314 REPORT OF COMMITTEES 4315 REPORTS TO COUNCIL 44

151 Cash at Bank and Investments 44 152 Proposed Dates - Budget Review and Finance Committee Meeting Schedule 2021-2022 48 153 Draft Policy Disposal of Assets 2021 50 154 Consideration of Constitutional Referendum for Number of Councillors and Wards questions 59 155 Operational Plan 2020-21 Quarterly Progress Report as at 30 June 2021 63 156 Uralla Shire Council Drought Management Plan ndash Updated August 2021 124 157 Transfer of Crown Road ndash Flat Rock Rocky River 151 158 Works Progress Report as at 31 July 2021 155159 Bundarra Sewerage Scheme ndash Project Update Report 1611510 Resolutions Register Action Status 206

16 MOTIONS ON NOTICEQUESTIONS WITH NOTICE 219161 Notice of Motion ndash Amendments to the 20212022 Schedule of Fees and Charges 219

17 CONFIDENTIAL MATTERS 225 171 CONFIDENTIAL - Status of Emergency Order DA-43-2017 225 172 CONFIDENTIAL Notice of Motion Council to consider suspension of delegated planning

authority 225

171 172

18 COMMUNICATION OF COUNCIL DECISIONS 226 19 CONCLUSION OF THE MEETING 226

1 OPENING amp WELCOME

2 PRAYER

3 ACKNOWLEDGEMENT OF COUNTRY

4 WEBCAST INFORMATION

5 APOLOGIES amp APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS

6 DISCLOSURES amp DECLARATIONS OF INTEREST To be table at the Meeting

MINUTES of

ORDINARY MEETING OF COUNCIL

Held on 27 July 2021 at 1230pm

Attendance at Meeting

Councillors Cr M Pearce (Mayor)

Cr I Strutt (Deputy Mayor)

Cr R Bell

Cr R Crouch

Cr M Dusting

Cr N Ledger

Cr T OrsquoConnor

Cr T Toomey

Cr L Sampson

Ms K Jessep General Manager

Mr S Paul Chief Financial Officer Director Corporate Services

Mr T Seymour Director Development amp Infrastructure

Ms C Valencius Interim Executive Manager Corporate Services (via ZOOM)

Ms N Heaton Manager Governance

Ms W Westbrook Minute Clerk

Ms H McElnea Communications Officer

Mr M Clarkson Manager Development amp Planning

UNCONFIRMED

Minutes to be confirmed at the 24 August 2021 Meeting of Council

71 ORDINARY MEETING OF COUNCIL HELD 27 JULY 2021

CONFIRMATION OF MINUTES 7

Contents 1 OPENING amp WELCOME 4

2 PRAYER 4

3 AKNOWLEDGEMENT OF COUNTRY 4

4 WEBCAST INFORMATION 4

5 APOLOGIES amp APPLICATION FOR LEAVE OF ABSENCES BY COUNCILLORS 4

6 DISCLOSURES amp DECLARATIONS OF INTERESTS 4

7 CONFIRMATION OF MINUTES 5

71 MINUTES Ordinary Meeting of Council held 29 June 2021 5

72 MINUTES Extraordinary Meeting of Council held 2 July 2021 5

8 TABLING OF REPORTS amp PETITIONS 5

9 URGENT SUPPLEMENTARY amp LATE ITEMSREPORTS OF BUSINESS 5

91 LATE REPORTS TO COUNCIL ndash NIL 6

92 URGENT ITEMS 6

93 SUPPLEMENTARY ITEMS - Nil 6

10 WRITTEN REPORT FROM DELEGATES 6

101 ACTIVITIES SUMMARIES 6

11 ITEMS PASSED IN BULK 9

12 MAYORAL MINUTE 10

121 MAYORAL MINUTE Australian Local Government Association National Assembly Report 10

122 MAYORAL MINUTE Council advocacy - re closure of NAB Uralla Branch 10

13 PUBLIC FORUMPRESENTATIONS 11

131 Speaker 1 Mr Frank Falcomata ndash Item 154 Title DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana 11

132 Speaker 2 Ms Belinda Banister ndash Item 154 Title DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana 11

133 Speaker 3 Darron Phillips ndash Item 155 DA-31-2021 8A King Street URALLA - Primitive Camping Disabled Toilet amp Shower and Dump Site 11

14 REPORT OF COMMITTEES - Nil 12

15 REPORTS TO COUNCIL 12

154 DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana 12

155 DA-31-2021 8A King Street URALLA - Primitive Camping Disabled Toilet amp Shower and Dump Site 16

151 CASH AT BANK AND INVESTMENTS 21

152 Media Policy 2021 22

153 Policy Update Following Feedback from Councillors 22

156 Community Participation Plan 23

UNCONFIRMED

157 Hampden Park Change of Name to Sunny Jim Mackay Park 24

158 Works Program 24

159 Bundarra Sewerage Scheme ndash Project Update Report 25

1510 Uralla Shire Business Chamber Awards Partnership Opportunity 25

1511 Resolution Register Action Status 26

16 MOTIONS ON NOTICE QUESTIONS WITH NOTICE 27

17 CONFIDENTIAL MATTERS 27

171 CONFIDENTIAL - Application for Relief under Water amp Sewerage Refund Policy 2017 - Assessment 10778 27

172 CONFIDENTIAL - Application for Relief under Water amp Sewerage Refund Policy ndash Assessment 8269 28

173 CONFIDENTIAL ndash Supply and Delivery Landfill Compactor amp Waste Spec Front End Loader - RFT969979 amp RFT969981 Evaluation Recommendation 28

174 CONFIDENTIAL - Request for Quotations for Kerbside Waste Collection 29

175 CONFIDENTIAL ndash Request for Tender for Groundwater Investigations 29

18 COMMUNICATION OF COUNCIL DECISIONS 30

19 CLOSURE OF MEETING 30

20 COUNCIL MINUTES CONFIRMED 30

UNCONFIRMED

1 OPENING amp WELCOME The chair declared the meeting opened at 1233pm

2 PRAYER The Chair read the prayer

3 AKNOWLEDGEMENT OF COUNTRY The Chair read the acknowledgement of country

4 WEBCAST INFORMATION The Chair advised the meeting was recorded with the recording to be made available on Councilrsquos website following the meeting

5 APOLOGIES amp APPLICATION FOR LEAVE OF ABSENCES BY COUNCILLORS The Chair advised there were no apologies received The Chair advised there were no applications for leave of absence received

6 DISCLOSURES amp DECLARATIONS OF INTERESTS The Chair received the following declarations of pecuniary and non-pecuniary Conflict of Interest Declarations in relation to the 27 July 2021 Meeting

COUNCILLOR ITEM OR REPORT

NUMBER

PECUNIARY OR NON-PECUNIARY INTEREST

NATURE OF INTEREST

Cr Toomey 155 Pecuniary Interest Agreement to rent the grounds in future

Cr Toomey 1510 Non-Pecuniary Interest ndash Less than significant

Membership of USBC Awards and being the owner of a Gold Sponsor Business

Friendship

Cr Crouch 155 Non-Pecuniary Interest - Significant

Member of the Showground Land Manager Board

Member of the Uralla Shire Business Chamber Executive

Cr Bell 1511 Non-Pecuniary Interest - Significant

Question relating to s711 amp 712 policy development currently being discussed with TOBCOGLC who are constructing New England Solar Farm

Cr OrsquoConnor 155 Non-Pecuniary Interest - Significant

History of being a former Uralla Showground Reserve Trust Member - would interfere with impartiality on the DA presented

ANNOUNCEMENTS

The Chair there were no announcements for the meeting

UNCONFIRMED

7 CONFIRMATION OF MINUTES Minutes to be confirmed at the 27 July 2021 Meeting

71 MINUTES OF ORDINARY MEETING OF COUNCIL HELD 29 JUNE 2021 The chair called for any amendments There were no amendments MOTION Moved Cr Strutt Seconded Cr Dusting That Council adopt the minutes the meeting held 29 June 2021 as a true and correct record For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

010721 CARRIED

72 MINUTES OF EXTRAORDINARY MEETING OF COUNCIL HELD 2 JULY 2021 The chair called for any amendments There were no amendments MOTION Moved Cr Ledger Seconded Cr Dusting That Council adopt the minutes the meeting held 2 July 2021 as a true and correct record For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

020721 CARRIED

73 MINUTES OF EXTRAORDINARY MEETING OF COUNCIL HELD 13 JULY 2021 The chair called for any amendments There were no amendments MOTION Moved Cr OrsquoConnor Seconded Cr Ledger That Council adopt the minutes the meeting held 13 July 2021 as a true and correct record For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent

030721 CARRIED

8 TABLING OF REPORTS amp PETITIONS

Malapatiniti Lane Petition Road Upgrade dated 28 June 2021 containing 7 signatures was tabled at 27 July 2021 Ordinary Meeting

9 URGENT SUPPLEMENTARY amp LATE ITEMSREPORTS OF BUSINESS

UNCONFIRMED

91 LATE REPORTS TO COUNCIL ndash NIL 92 URGENT ITEMS

PROCEDURAL MOTION Moved Cr OrsquoConnor A matter of urgency relating to a Notice of Motion from Cr OrsquoConnor relating to the 202122 Fees amp Charges currently scheduled for the August 2021 Ordinary Meeting of Council be heard The Mayor sought an indication from members as to whether the item be heard at this meeting The majority of Councillors were against hearing the motion as an urgent item

The Mayor ruled for the item not to be heard at the 27 July 2021 Ordinary Meeting

93 SUPPLEMENTARY ITEMS - NIL

10 WRITTEN REPORT FROM DELEGATES 101 ACTIVITIES SUMMARIES Councillors provided a verbal account of activitiesmeetings they have attended for the month

COUNCILLOR NAME Mark Dusting COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 29 June 2021 NEWA GM Interviews Armidale 29 June 2021 Ordinary Council Meeting Uralla 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 12 July 2021 NEWA GMrsquos Contract Armidale 13 July 2021 GM Workshop amp Briefing Sessions

- Thunderbolt Energy Hub-NEOEN- 3 Stage Industrial Subdivision- Uralla Community Participation Plan- Media Policy Review- Continuous Improvement

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 27 July 2021 Ordinary Council Meeting Uralla Expense Claims Total $0

COUNCILLOR NAME Robert Crouch COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

UNCONFIRMED

COUNCILLOR NAME Levi Sampson COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 GM Workshop amp Briefing Sessions

- Thunderbolt Energy Hub-NEOEN - 3 Stage Industrial Subdivision - Uralla Community Participation Plan - Media Policy Review - Continuous Improvement

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 26 July 2021 On-Site visit ndashDA -31-2021

Uralla

27 July 2021 Ordinary Council Meeting Uralla Expense Claims Total $6256

COUNCILLOR NAME Natasha Ledger COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 16 July 2021 Bundarra 355 ndash Cancelled 26 July 2021 On-Site visit ndash DA -30-2021

On-Site visit ndashDA -31-2021 Saumarez Ponds Uralla

COUNCILLOR NAME Tara Toomey COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 26 July 2021 On-Site visit ndash DA -30-2021

Saumarez Ponds

UNCONFIRMED

COUNCILLOR NAME Robert Bell COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 26 July 2021 On-Site visit ndash DA-30-2021

On-Site visit ndashDA -31-2021

Saumarez Ponds Uralla

COUNCILLOR NAME Tom OrsquoConnor COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 13 July 2021 Extraordinary Council Meeting Uralla 26 July 2021 On-Site Development Application Inspection Uralla Showground

8A King Street Uralla

COUNCILLOR NAME Isabel Strutt COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 2 July 2021 Extraordinary Council Meeting Uralla 6 July 2021 GM performance review Uralla 12 July 2021 UTEC Meeting McCrossings Mill 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

UNCONFIRMED

COUNCILLOR NAME Michael Pearce COUNCIL MEETING DATE 27 July 2021 DATE COMMITTEEMEETINGEVENT LOCATION 30 July 2021 Mayorrsquos Office - Admin Uralla 1 July 2021 Mayorrsquos Office - Admin Uralla 2 July 2021 Extraordinary Council Meeting Uralla 2 July 2021 Mayorrsquos Office ndash Admin

Uralla Red Cross AGM Uralla

5 July 2021 Mayorrsquos Office ndash Admin Uralla 6 July 2021 Mayorrsquos Office ndash Admin Uralla 6 July 2021 GM performance review- Zoom meeting

regarding upcoming General Manager review with Facilitator

Uralla

7 July 2021 Mayorrsquos Office ndash Admin 2AD interview

Uralla

8 July 2021 Mayorrsquos Office ndash Admin Uralla 12 July 2021 Mayorrsquos Office ndash Admin Uralla 13 July 2021 Mayorrsquos Office ndash Admin Uralla 13 July 2021 GM Workshop amp Briefing Sessions

Uralla

13 July 2021 Extraordinary Council Meeting Uralla 14 July 2021 Mayorrsquos Office ndash Admin Uralla 15 July 2021 Mayorrsquos Office ndash Admin Uralla 19 July 2021 Mayorrsquos Office - Admin Uralla 20 July 2021 Mayorrsquos Office - Admin Uralla 21 July 2021 Mayorrsquos Office ndash Admin

2AD interview Uralla

22 July 2021 Mayorrsquos Office ndash Admin Uralla 26 July 2021 Mayorrsquos Office - Admin Uralla 27 July 2021 Mayorrsquos Office ndash Admin Uralla 27 July 2021 Ordinary Council Meeting Uralla Expense Claims Total 50864

The Chair advised the Delegates report have been tabled

11 ITEMS PASSED IN BULK No items were passed in bulk

UNCONFIRMED

12 MAYORAL MINUTE

121 MAYORAL MINUTE AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION NATIONAL

ASSEMBLY REPORT

PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Crouch To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

040721 CARRIED Councillors held a detailed discussion in committee regarding the report PROCEDURAL MOTION Moved Cr Dusting Seconded Cr Crouch To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Absent

050721 CARRIED The Chair outlined details of the discussion held in committee

MOTION Moved Cr Pearce-Mayor Seconded Cr Dusting That Council receive and note the Mayoral Minute report regarding the National General Assembly of Local Government conference Canberra For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

060721 CARRIED

122 MAYORAL MINUTE COUNCIL ADVOCACY - RE CLOSURE OF NAB URALLA BRANCH

MOTION Moved Cr Pearce - Mayor Seconded Cr Bell That Council receive and note the Mayoral Minute regarding the action taken by Uralla Shire Council on behalf of the community in response to notice given by NAB to close Uralla Branch in October 2021 and noting the closure of the NAB Uralla branch in October 2021 that Council proceed to tender for its banking services For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

070721 CARRIED

UNCONFIRMED

13 PUBLIC FORUMPRESENTATIONS 131 SPEAKER 1 MR FRANK FALCOMATA ndash ITEM 154 TITLE DA-30-2021 ndash 73

MACLEAY WAY SAUMAREZ PONDS - CABANA The Chair introduced the Speaker The Speaker made a presentation to Council in relation Item 154 speaking against the motion The Chair invited questions from Councillors The Chair thanked the Speaker for his presentation to Council

132 SPEAKER 2 MS BELINDA BANISTER ndash ITEM 154 TITLE DA-30-2021 ndash 73MACLEAY WAY SAUMAREZ PONDS - CABANA

The Chair introduced the Speaker The Speaker made a presentation to Council in relation to Item 154 speaking for the motion The Chair invited questions from Councillors The Chair thanked the Speaker for her presentation to Council

Crs Crouch amp Toomey left Chambers having declared an interest in Item 155 at 126pm

133 SPEAKER 3 DARRON PHILLIPS ndash ITEM 155 DA-31-2021 8A KING STREET

URALLA - PRIMITIVE CAMPING DISABLED TOILET amp SHOWER AND DUMP SITE The Chair introduced the Speaker The Speaker made a presentation to Council in relation to Item 155 speaking for the motion The Chair invited questions from Councillors The Chair thanked the Speaker for his presentation to Council

Crs Crouch amp Toomey returned to Chambers at 128pm Cr Dusting left Chambers at 128pm

Motion Moved Cr Pearce Seconded Bell PROCEDURAL MOTION To hear items 154 amp 155 before item 151 For Crs Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Cr Dusting

080721 CARRIED UNCONFIRMED

14 REPORT OF COMMITTEES - Nil

15 REPORTS TO COUNCIL 154 DA-30-2021 ndash 73 MACLEAY WAY SAUMAREZ PONDS - CABANA

PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Ledger To move to Committee of the Whole

For Crs Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Cr Dusting

090721 CARRIED

Cr Dusting returned to Chambers 133pm

Councillors held a detailed discussion in committee regarding the report

PROCEDURAL MOTION Moved Cr Sampson Seconded Cr Dusting To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

100721 CARRIED

The Chair outlined details of the discussion held in committee

MOTION Moved Cr Bell Seconded Cr Dusting That Council approve the Development Application 302021 for a pool cabana at 73 Macleay Way Saumarez Ponds (Lot 2 DP 1271316) subject to the following conditions of consent

PRESCRIBED CONDITIONS (under Environmental Planning and Assessment Regulation 2000)

Compliance with National Construction Code amp insurance requirements under the Home Building Act 1989

Please Note A reference to the National Construction Code is a reference to that Code as in force on the date the application is made for the relevant

(a) development consent in the case of a temporary structure that is an entertainment venue or(b) construction certificate in every other case

1 The work must be carried out in accordance with the requirements of the National Construction Code

2 In the case of residential building work for which the Home Building Act 1989 requires there to be acontract of insurance in force in accordance with Part 6 of that Act that such a contract of insurance mustbe entered into and be in force before any building work authorised to be carried out by thecertificate commences

3 For a temporary structure that is used as an entertainment venue the temporary structure must complywith Part B1 and NSW H102 of Volume One of the National Construction Code

UNCONFIRMED

Erection of signs

Please Note This does not apply in relation to

(a) building work subdivision work or demolition work that is carried out inside an existing building which does not affect the external walls of the building development consent in the case of a temporary structure that is an entertainment venue or

(b) Crown building work that is certified in accordance with section 116G of the Act to comply with the technical provisions of the Statersquos building laws

(c) a complying development certificate issued before 1 July 2004 only if the building work subdivision work or demolition work involved had not been commenced by that date

4 A sign must be erected in a prominent position on any site on which building work subdivision work or demolition work is being carried out

(a) showing the name address and telephone number of the principal certifier for the work and (b) showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours and (c) stating that unauthorised entry to the site is prohibited

5 Any such sign is to be maintained while the building work subdivision work or demolition work is being carried out but must be removed when the work has been completed

Notification of Home Building Act 1989 requirements

Please Note This does not apply in relation to Crown building work that is certified in accordance with section 116G of the Act to comply with the technical provisions of the Statersquos building laws

6 Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifier for the development to which the work relates (not being the council) has given the council written notice of the following information

(a) in the case of work for which a principal contractor is required to be appointed (i) the name and licence number of the principal contractor and (ii) the name of the insurer by which the work is insured under Part 6 of that Act

(b) in the case of work to be done by an owner-builder (i) the name of the owner-builder and (ii) if the owner-builder is required to hold an owner-builder permit under that Act the

number of the relevant owner-builder permit

7 If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under the above becomes out of date further work must not be carried out unless the principal certifier for the development to which the work relates (not being the council) has given the council written notice of the updated information

GENERAL CONDITIONS

8 The development shall be implemented in accordance with

(a) All documentation and correspondence submitted by the applicant or their agents in support of the Development Application

(b) The details set out on the plans approved and stamped by authorised officers of Council except as amended by the conditions of this development consent

Reason To ensure that the development proceeds in the manner proposed by the applicant and approved by Council

UNCONFIRMED

9 The owner of the property is to ensure that any structure is installed

(a) to meet the setback requirements of the approved plans

(b) to be located within the confines of the lot and

(c) so that it does not interfere with any easements or covenants upon the land

Reason To avoid any structures being erected in a location where it would be inappropriate

10 The structure is to be inspected at the following stages of construction

bull before the pouring of footings bull before covering drainage (under hydrostatic test) bull before pouring any reinforced concrete structure bull before covering the framework for any wall roof or other building element bull before covering waterproofing in any wet area bull before covering any stormwater drainage connections bull when the building work is completed and all conditions of consent have been addressed

denotes a critical stage inspection (a mandatory inspection under Section 65 of the EPampA Act 1979) Please note that an Occupation Certificate cannot be issued for a development where a critical stage or other nominated inspection has not been carried out

Council has limited capacity for inspections which may only be on specific days Please contact Council well in advance to arrange an inspection

All sewer and drainage works associated with the approval are to comply with the requirements of AS 3500 and completed only by a licensed plumber and drainer

Reason To ensure compliance with appropriate standards

11 A Construction Certificate must be obtained from a Certifier before work commences

Reason To ensure compliance with Cl146 of the Environmental Planning and Assessment Regulation 2000

12 Occupancy of the building is not to take place until the Principal Certifier (PC) has carried out a final inspection and an Occupation Certificate issued

Reason To ensure compliance with the Environmental Planning and Assessment Act 1979 and to restrict the use of the premises until the terms of the Development Consent have been complied with so as to ensure the health and safety of occupants of the building

13 Roof water is to be disposed in a manner that does not cause a nuisance for neighbouring properties by one of the following methods

(a) By piping 30 metres clear of any building to a rubble pit

(b) By piping to a rainwater tank and then via the overflow to a rubble pit 30 metres clear of any building

Reason To alleviate any potential stormwater problems with respect to the buildings on the allotment or adjoining allotments

14 The responsible person for plumbing and drainage work must ensure that the responsible person has given Council a notice of work in an approved form that specifies the work to be carried out and the responsible person for the work

The notice of work must be provided no later than 20 business days before the work concerned is carried out in the case of work that involves a proposed alternative solution or no later than 2 business days before the work concerned is carried out in any other case

Reason Statutory requirement

UNCONFIRMED

15 The responsible person for plumbing and drainage work must provide Council and the person for whom the work is carried out with a certificate of compliance within 2 business days after the work is completed

Note A certificate of compliance is a written document in an approved form that certifies that the plumbing and drainage work to which it relates is code compliant

16 On completion of plumbing and drainage work that consists of or includes carrying out work on a sanitary drainage system the responsible person for the work must supply a plan of the work in the approved form to the following persons

a) The owner of the land or the ownerrsquos agent

b) The Council

17 CONDITIONS TO BE COMPLETED PRIOR TO CONSTRUCTION COMMENCING

18 The owners of the property are to give Council written notice of the intention to commence works and the appointment of a Principal Certifier (if the PC is not Council) at least two days before the proposed date of commencement

Reason To ensure compliance with the Environmental Planning and Assessment Regulation 2000

19 CONDITIONS TO BE COMPLIED WITH DURING CONSTRUCTION

20 The owner of the property is to ensure that any building is constructed

Reason To avoid any buildings being erected in a location where it would be inappropriate

21 The applicant shall ensure that noise pollution is minimised during the course of construction The use of power tools andor similar noise producing activities shall be limited to the following hours-

Monday to Saturday 700 AM to 500 PM

Sunday amp public Holidays No construction activities are to take place

Reason To ensure that public amenity is not unduly affected by noise

22 All works are to be executed in a good and workmanlike manner and all materials are to be installed as per manufacturersrsquo instructions and any applicable Australian Standards

Reason To ensure that the building work is completed in accordance with the approval and is in a safe and healthy condition for use by occupants

23 A copy of the approved and certified plans specifications and documents incorporating conditions of approval and certification shall be kept on the Subject Site at all times and shall be readily available for perusal by any officer of Council or the PCA

Reason To ensure compliance with approved plans

Following debate a DIVISION was called with the result recorded as follows For Crs Dusting Ledger Sampson Strutt Pearce Toomey Bell OrsquoConnor Against Cr Crouch Absent Nil

110721 CARRIED

UNCONFIRMED

155 DA-31-2021 8A KING STREET URALLA - PRIMITIVE CAMPING DISABLED TOILET

amp SHOWER AND DUMP SITE

PROCEDURAL MOTION Moved Cr Bell Seconded Cr Pearce-Mayor To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Bell OrsquoConnor Against Nil Absent Crs Crouch Toomey

120721 CARRIED

Cr OrsquoConnor declared an interest during the discussion and left Chambers at 154pm

PROCEDURAL MOTION Moved Cr Dusting Seconded Cr Strutt To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Bell Against Nil Absent Cr Crouch Toomey OrsquoConnor

130721 CARRIED

MOTION Moved Cr Bell Seconded Cr Dusting That Council approve the Development Application 312021 for a primitive camping ground disabled amenities and dump point at 8A King Street Uralla (Lot 508 Section 35 DP 755846) subject to the following conditions of consent

(d) development consent in the case of a temporary structure that is an entertainment venue or(e) construction certificate in every other case

UNCONFIRMED

Erection of signs

(f) building work subdivision work or demolition work that is carried out inside an existing building which does not affect the external walls of the building development consent in the case of a temporary structure that is an entertainment venue or

(g) Crown building work that is certified in accordance with section 116G of the Act to comply with the technical provisions of the Statersquos building laws

(h) a complying development certificate issued before 1 July 2004 only if the building work subdivision work or demolition work involved had not been commenced by that date

(d) showing the name address and telephone number of the principal certifier for the work and (e) showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person may be contacted outside working hours and (f) stating that unauthorised entry to the site is prohibited

GENERAL CONDITIONS

(c) All documentation and correspondence submitted by the applicant or their agents in support of the Development Application

(d) The details set out on the plans approved and stamped by authorised officers of Council except as amended by the conditions of this development consent

(a) to meet the setback requirements of the approved plans (b) to be located within the confines of the lot and (c) so that it does not interfere with any easements or covenants upon the land

Reason To avoid any structures being erected in a location where it would be inappropriate UNCONFIR

29 The structures are to be inspected at the following stages of construction

denotes a critical stage inspection (a mandatory inspection under Section 109C of the EPampA Act 1979) Please note that an Occupation Certificate cannot be issued for a development where a critical stage or other nominated inspection has not been carried out

(a) By piping onto a hardened surface and directed away from the building (b) By piping 30 metres clear of any building to a rubble pit

Reason To alleviate any potential stormwater problems with respect to the buildings on the allotment or adjoining allotments UNCONFIR

33 A sign is to be erected and maintained at the entrance to the site which states

Uralla Showground Primitive Camping Ground

Conditions of use

bull Use designated camp sites only

bull Only one caravan bus or motor home is permitted per site

bull Maximum of 12 persons in tents per designated camp site

bull Tents must be kept a minimum of 3 metres apart

bull Unoccupied caravans campervans and tents are not permitted to remain on site for more than 24 hours

bull Maximum length of stay is seven nights

Reason To ensure compliance with the principles of clause 132 of the Local Government (Manufactured Home Estates Caravan Parks Camping Grounds and Moveable Dwellings) Regulation 2005

34 A maximum of eighteen (18) camp sites are to be established on the primitive camping ground area as per the supplied plan Each site is to be marked out by logs or similar barriers

Reason To ensure compliance with the principle of sub-section 132(2)(b) of the Local Government (Manufactured Home Estates Caravan Parks Camping Grounds and Moveable Dwellings) Regulation 2005

35 Approval to operate a primitive camping ground under Section 68 of the Local Government Act expires five (5) years after the date of development consent

Reason Section 103 of the Local Government Act 1993 provides that approvals issued under Section 68 lapse after 5 years Application can be made to extend or renew the approval within a 3 month period prior to the approval lapsing (see S107)

36 1) The maximum number of designated camp sites is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground)

2) Camping is not permitted within the primitive camping ground other than on designated camp sites

3) A caravan annexe or campervan must not be allowed to be installed closer than 6 metres to any other caravan annexe campervan or tent

4) A tent must not be allowed to be installed closer than 6 metres to any caravan annexe or campervan or closer than 3 metres to any other tent

5) The camping ground must be provided with a water supply toilet and refuse disposal facilities 6) Unoccupied caravans campervans and tents are not to be allowed to remain in the camping

ground for more than 24 hours 7) If a fee is charged for camping a register must be kept that specifies the size of the group (if any)

with whom the person listed in the register camped

Reason To ensure provision of an appropriate level of amenity for users and compliance with the Local Government (Manufactured Home Estates Caravan Parks Camping Grounds and Moveable Dwellings) Regulation 2005

37 An all-weather 2WD access hardstand parking surface must be provided for each site and all vehicles must be able to enter and exit the site in a forward direction

Reason To ensure the applicant provides sufficient parking arrangements for vehicles

UNCONFIRMED

38 Parking facilities including one (1) disabled car park are to comply with Part D35 of Building Code of Australia and the requirements of Australian Standard 28901 ndash Parking Facilities ndash Off-street Car Parking and Australian Standard 28906 ndash Off Street Parking for People with Disabilities

Reason To enable use of the car space by people with disabilities and to ensure compliance with the requirements of the Building Code of Australia

39 No increase or interference with the amenity of the area is to be created by reason of any process or operation on the premises causing the emission of noise dust smoke or any other pollution discharge

Reason To prevent pollution from detrimentally affecting the public or environment

b) The Council

CONDITIONS TO BE COMPLETED PRIOR TO CONSTRUCTION COMMENCING

CONDITIONS TO BE COMPLIED WITH DURING CONSTRUCTION

(d) to meet the setback requirements of the approved plans (e) to be located within the confines of the lot and (f) so that it does not interfere with any easements or covenants upon the land

UNCONFIRMED

45 The applicant shall ensure that noise pollution is minimised during the course of construction The use ofpower tools andor similar noise producing activities shall be limited to the following hours-

46 All works are to be executed in a good and workmanlike manner and all materials are to be installed asper manufacturersrsquo instructions and any applicable Australian Standards

Reason To ensure that the building work is completed in accordance with the approval and is in a safeand healthy condition for use by occupants

47 A copy of the approved and certified plans specifications and documents incorporating conditions ofapproval and certification shall be kept on the Subject Site at all times and shall be readily available forperusal by any officer of Council or the PCA

CONDITIONS TO BE COMPLETED PRIOR TO OCCUPATIONUSE COMMENCING

48 The disabled facilities must be completed prior to the primitive camping ground commencing operation

Reason To ensure an appropriate standard of services for people with disabilities

49 A Section 68 approval to operate a camping ground must be obtained from Council

Reason To ensure compliance with the Local Government Act 1993

Following debate a DIVISION was called with the result recorded as follows For Crs Dusting Ledger Sampson Strutt Pearce Bell Against Nil Absent Crs Crouch Toomey OrsquoConnor

140721 CARRIED

Crs Toomey OrsquoConnor amp Crouch returned to the Chambers at 158pm

The Chair called for a short adjournment at 159pm

The Chair resumed the meeting at 209pm

151 CASH AT BANK AND INVESTMENTS

MOTION Moved Cr Strutt Seconded Cr Crouch That

i Council note the cash position as at 30 June 2021 consisting of cash and overnight funds of $3457957 term deposits of $14107319 totalling $17565275 of readily convertible funds

ii The loan position as at 30 June 2021 totalling $1971293iii The projected unrestricted position as at 30 June 2021 totalling $2395000 For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil

UNCONFIRMED

Absent Nil 150721 CARRIED

152 MEDIA POLICY 2021

PROCEDURAL MOTION Moved Cr Bell Seconded Cr Crouch To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

160721 CARRIED Councillors held a detailed discussion in committee regarding the report

PROCEDURAL MOTION Moved Cr Ledger Seconded Cr Strutt To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

MOTION Moved Cr Strutt Seconded Cr Ledger That Council place the draft Media Policy 2021 on public exhibition for a period of not fewer than 28 days and if no submissions are received that the policy be adopted subject to the following two amendments being made

bull 62 Last bullet point to read lsquorefrain from using the media to make negative personal reflection on each other or Council staffrsquo and

bull 4 Second last bullet point delete lsquoprotect and enhance Councilrsquos reputationrsquo For Crs Dusting Ledger Sampson Strutt Pearce Crouch Bell OrsquoConnor Against Cr Toomey Absent Nil

180721 CARRIED

153 POLICY UPDATE FOLLOWING FEEDBACK FROM COUNCILLORS

PROCEDURAL MOTION Moved Cr Crouch Seconded Cr Ledger To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

190721 CARRIED

PROCEDURAL MOTION Moved Cr Strutt Seconded Cr Dusting

UNCONFIRMED

To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

200721 CARRIED The Chair outlined details of the discussion held in committee MOTION Cr OrsquoConnor Seconded Cr Strutt

That Council formally revoke the following polices 1 Abandoned Vehicles 2013 2 Cemeteries 2013 3 Deferment of Conditions of Development Consent 2013 4 Bonds Management 2013 5 Landscaping Bonds 2013 6 Developments (Small) - Disposal of Stormwater 2013 7 Displays on Footpaths 2013 8 Genetically Engineered Crop Trials and Commercial Crops in Country NSW 2013 9 Hairdressers and Skin Penetration Premises 2013 10 Section 149(d) Certificates - Building Certificate Fee 2013 11 Street Vendors 2013 12 Thermal Insulation for Class 1 2 and 3 Buildings 2013

and That Council review the Backyard Burning Policy

For Crs Dusting Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Cr Ledger Absent Nil

210721 CARRIED

The Chair called for short adjournment 311pm

156 COMMUNITY PARTICIPATION PLAN PROCEDURAL MOTION Moved Cr Crouch Seconded Cr Toomey To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

220721 CARRIED

PROCEDURAL MOTION Moved Cr Crouch Seconded Cr Dusting To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

230721 CARRIED

UNCONFIRMED

MOTION Moved Cr OrsquoConnor Seconded Cr Strutt That the Uralla Community Participation Plan 2021 be referred to a Workshop For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

240721 CARRIED

157 HAMPDEN PARK CHANGE OF NAME TO SUNNY JIM MACKAY PARK MOTION Moved Cr OrsquoConnor Seconded Cr Ledger That Council

i Endorse the proposed name change of Hampden Park being the land incorporated in Lot 26 DP 1129476 and Lot 4 Sec 26 DP 759022 to lsquoSunny Jim Mackay Parkrsquo and

ii Make an application to the NSW Geographical Names Board to change the name of Hampden Park to lsquoSunny Jim Mackay Parkrsquo

For Crs Ledger Sampson Pearce Crouch Toomey Bell OrsquoConnor Against Crs Dusting Strutt Absent Nil

250721 CARRIED

158 WORKS PROGRAM PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Crouch To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

260721 CARRIED

PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Strutt To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

UNCONFIRMED

MOTION Moved Cr OrsquoConnor Seconded Cr Strutt That Council receive the report for the works completed or progressed during June 2021 and works programmed for July 2021 For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

280721 CARRIED

159 BUNDARRA SEWERAGE SCHEME ndash PROJECT UPDATE REPORT

PROCEDURAL MOTION Moved Cr Crouch Seconded Cr OrsquoConnor To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

290721 CARRIED

Councillors held a detailed discussion in committee regarding the report Cr Ledger left Chambers 401pm Cr Ledger returned to Chambers 403pm

300721 CARRIED

MOTION Moved Cr OrsquoConnor Seconded Cr Crouch 1 That Council receive the Bundarra Sewerage Scheme ndash Project Update Report 2 Inform the Bundarra Community about council resolution X060721 via a letterbox

drop and a public information session For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

310721 CARRIED

1510 URALLA SHIRE BUSINESS CHAMBER AWARDS PARTNERSHIP OPPORTUNITY Cr Toomey amp Crouch left Chambers having declared an interest in Item 1510 at 406pm

UNCONFIRMED

MOTION Moved Cr Ledger Seconded Cr Bell That Council resolve to offer to sponsor the Uralla Shire Business Chamber Awards 2021 as a Gold Partner at a cost of $300 and advise that they will not take up any complimentary tickets to the Awards dinner (offered as part of that sponsorship package) For Crs Dusting Ledger Sampson Strutt Pearce Bell OrsquoConnor Against Nil Absent Crs Toomey Crouch

320721 CARRIED

Cr Toomey amp Crouch returned to the Chambers at 409pm

1511 RESOLUTION REGISTER ACTION STATUS

PROCEDURAL MOTION Moved Cr Toomey Seconded Cr Ledger To move to Committee of the Whole For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

330721 CARRIED

Councillors held a detailed discussion in committee regarding the report Cr Bell declared an interest during the discussion and left Chambers at 417pm Cr Toomey left Chambers at 421pm Crs Toomey and Bell returned to Chambers at 422pm Cr Bell re-declared an interest during the discussion (same topic re-arose) and left Chambers at 422pm Cr Bell returned to Chambers at 425pm

340721 CARRIED

MOTION Moved Cr OrsquoConnor Seconded Cr Strutt That Council receive the Resolution Action Status as at 21 July 2021 For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

350721 CARRIED

UNCONFIRMED

16 MOTIONS ON NOTICE QUESTIONS WITH NOTICE The Chair advised there were no Notices of Motion

17 CONFIDENTIAL MATTERS

PROCEDURAL MOTION Moved Cr Crouch Seconded Cr Ledger That Council move into closed session and close the meeting to members of the public and press for the following reasons- The matters referred to the Closed Session of the 27 July 2021 meeting are received by Council under Section 10A of the Local Government Act (NSW) 1993

(1) A council or a committee of the council of which all the members are councillors may

close to the public so much of its meeting as comprises (a) the discussion of any of the matters listed in subclause (2) or (b) the receipt or discussion of any of the information so listed

(2) The matters and information are the following

(b) the personal hardship of any resident or ratepayer (d) commercial information of a confidential nature that would if disclosed

(i) prejudice the commercial position of the person who supplied it

Reason The reports contain

1 personal confidential information regarding ratepayers and 2 commercial-in-confidence tender submissions

For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

360721 CARRIED

171 CONFIDENTIAL - APPLICATION FOR RELIEF UNDER WATER amp SEWERAGE REFUND POLICY

2017 - ASSESSMENT 10778 Cr Toomey declared an interest and left Chambers at 428pm

MOTION Moved Cr Crouch Seconded Cr Dusting 1 That Council refund charges for Water Billing Assessment 10778 totalling $70500 in

accordance with Clause 1 of USC Water and Sewer Charges Refund Policy 2017 Section 607 of the Local Government Act 1993 and Regulation 131 of the Local Government (General) Regulation 2005

2 That the applicants be advised of their rights for a further review of their case under Exceptional Circumstances section of the policy

For Crs Dusting Sampson Strutt Pearce Crouch Bell OrsquoConnor Against Cr Ledger Absent Cr Toomey

370721 CARRIED

Cr Toomey returned to Chambers at 436pm

UNCONFIRMED

172 CONFIDENTIAL - APPLICATION FOR RELIEF UNDER WATER amp SEWERAGE REFUND

POLICY ndash ASSESSMENT 8269

MOTION Moved Cr Bell Seconded Cr Strutt That Council refund charges for Water Billing Assessment 8269 totalling $78000 in accordance with Clause 1 of USC Water and Sewer Charges Refund Policy 2017 Section 607 of the Local Government Act 1993 and Regulation 131 of the Local Government (General) Regulation 2005 For Crs Dusting Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Cr Ledger Absent Nil

380721 CARRIED

173 CONFIDENTIAL ndash SUPPLY AND DELIVERY LANDFILL COMPACTOR amp WASTE SPEC

FRONT END LOADER - RFT969979 amp RFT969981 EVALUATION

RECOMMENDATION

Cr Ledger left Chambers 442pm Cr Ledger returned to Chambers 444 PROCEDURAL MOTION Moved Cr Strutt Seconded Cr Toomey To extend the meeting past 500pm

390721 CARRIED

MOTION Moved Cr Strutt Seconded Cr Dusting That Council lay the matter of the supply and delivery of the landfill compactor and waste spec front end loader (RFT969979 amp RFT969981) on the table

For Crs Dusting Sampson Strutt Pearce Crouch Toomey Bell Against Crs Ledger OrsquoConnor Absent Nil

400721 CARRIED

UNCONFIRMED

174 CONFIDENTIAL - REQUEST FOR QUOTATIONS FOR KERBSIDE WASTE COLLECTION

PROCEDURAL MOTION Moved Cr OrsquoConnorSeconded Crouch To have 174 to be heard and discussed in closed session with Councillors and the General Manager only

For Crs Crouch Toomey OrsquoConnor Against Crs Dusting Ledger Sampson Strutt Pearce Bell Absent Nil

LOST Cr Ledger left Chambers 526pm Cr Ledger returned to Chambers 527pm MOTION Moved Cr OrsquoConnor Seconded Cr Strutt That Council accept the quotation from JR Richards and Sons to provide kerbside waste collection in Invergowrie Bundarra Uralla Kentucky and Walcha for a period of six months and thereafter for a further six months subject to satisfactory performance For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

410721 CARRIED

175 CONFIDENTIAL ndash REQUEST FOR TENDER FOR GROUNDWATER INVESTIGATIONS

MOTION Moved Cr OrsquoConnor Seconded Cr Ledger That Council accept the tender for groundwater investigations offered by Harwood Environmental Consultants at a fee of $130635 excluding GST For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

420721 CARRIED

MOVE TO OPEN SESSION

PROCEDURAL MOTION Moved Cr Crouch Seconded Cr Dusting To return to Open Session of Council For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

430721 CARRIED

UNCONFIRMED

18 COMMUNICATION OF COUNCIL DECISIONS

PROCEDURAL MOTION Moved Cr Dusting Seconded Cr Ledger The resolutions of Closed Session of Council become the resolutions of Open Session of Council For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

440721 CARRIED

19 CLOSURE OF MEETING The meeting was closed at 536pm

20 COUNCIL MINUTES CONFIRMED

COUNCIL MINUTES CONFIRMED BY

RESOLUTION NUMBER

MAYOR Councillor Michael Pearce

UNCONFIRMED

EXTRAODINARY MEETING OF COUNCIL

Held at 1230pm 17 August 2021

Councillors Cr M Pearce (Mayor) Cr I Strutt (Deputy Mayor) ndash via Zoom Cr R Bellndash via Zoom (arrived 1248pm) Cr M Dustingndash via Zoom Cr N Ledgerndash via Zoom Cr T OrsquoConnorndash via Zoom Cr L Sampsonndash via Zoom Cr R Crouchndash via Zoom Cr T Toomeyndash via Zoom

Staff Ms K Jessep General Manager Mr T Seymour Director Infrastructure amp Developmentndash via Zoom Ms C Valencius Interim Executive Manager Corporate Servicesndash via Zoom Mr S Paul Director Corporate ServicesChief Financial Officerndash via Zoom Ms N Heaton Manager Governance ndash via Zoom Ms H McElnea Communication Officer ndash via Zoom Ms W Westbrook Minute Clerk

UINT219936

UNCONFIRMED

72 EXTRAORDINARY MEETING OF COUNCIL HELD 17 AUGUST 2021

TABLE OF CONTENTS

1 OPENING amp WELCOME 3 2 PRAYER 3 3 ACKNOWLEDGEMENT TO COUNTRY 3 4 WEBCAST INFORMATION 3 5 APOLOGIES 3 6 DISCLOSURES amp DECLARATION OF INTERESTS 3 7 REPORTS TO COUNCIL 4

71 Project Nominations for Black Summer Bushfire Recovery Grants Program 4 8 CONFIDENTIAL REPORT 5

81 SUPPLY AND DELIVERY LANDFILL COMPACTOR amp WASTE SPEC FRONT END LOADER - RFT969979 amp RFT969981 EVALUATION RECOMMENDATION 5

UNCONFIRMED

1 OPENING amp WELCOME The Chair declared the meeting opened at 1234pm

2 PRAYER The Chair recited the Uralla Shire Council prayer

3 ACKNOWLEDGEMENT TO COUNTRY The Chair read the acknowledgement to Country

4 WEBCAST INFORMATION The Chair advised the meeting was audio recorded with the recording made available on Councilrsquos website following the meeting

5 APOLOGIES The Chair advised there were no apologies received

6 DISCLOSURES amp DECLARATION OF INTERESTS The Chair advised there were no disclosures or declarations made

UNCONFIRMED

7 REPORTS TO COUNCIL 71 PROJECT NOMINATIONS FOR BLACK SUMMER BUSHFIRE RECOVERY GRANTS

PROGRAM

PROCEDURAL MOTION Moved Mayor Cr Pearce Seconded Cr Strutt To move to Committee of the Whole For Cr Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

X010821 CARRIED Cr Bell joined the meeting at 1248pm ndash via Zoom Councillors held a detailed discussion in committee regarding the report

PROCEDURAL MOTION Moved Cr Dusting Seconded Cr Sampson To resume Standing Orders For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

X020821 CARRIED The Chair outlined details of the discussion held in committee

MOTION Moved Cr Ledger Seconded Cr Strutt That Council apply for grants under the Black Summer Bushfire Recovery Grants Program for the following projects

I Project 1 Mobile generators for emergency power to support essential services for up to$120000 and

II Project 4 McMaugh Gardens Expansion Stage 1 (scope within grant for up to $16m) including a dementia wing capability

For Crs Dusting Ledger Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Cr Sampson Absent Nil

X030821 CARRIED

UNCONFIRMED

8 CONFIDENTIAL REPORT 81 SUPPLY AND DELIVERY LANDFILL COMPACTOR amp WASTE SPEC

FRONT END LOADER - RFT969979 amp RFT969981 EVALUATION RECOMMENDATION

PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Ledger To move into Closed Session of Council That Council move into closed session and close the meeting to members of the public and press for the following reasons- The matters referred to the Closed Session of the 17 August 2021 meeting are received by Council under section 10A (2)(d)(i) of the Local Government Act (NSW) 1993 (1) A council or a committee of the council of which all the members are councillors

may close to the public so much of its meeting as comprises (a)the discussion of any of the matters listed in subclause (2) or (b)the receipt or discussion of any of the information so listed

(2) The matters and information are the following (d)commercial information of a confidential nature that would if disclosed (i)prejudice the commercial position of the person who supplied it

Reason report on commercial-in-confidence tender submissions For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

X040821 CARRIED

REPORT TO CLOSED SESSION 81 SUPPLY AND DELIVERY LANDFILL COMPACTOR amp WASTE SPEC FRONT END LOADER - RFT969979 amp RFT969981 EVALUATION RECOMMENDATION

MOTION Moved Cr Strutt Seconded Cr Dusting That Council lift the matter off the table For Crs Dusting Ledger Sampson Strutt Pearce Toomey Bell Against Crs OrsquoConnor Crouch Absent Nil

X050821 CARRIED

UNCONFIRMED

MOTION Moved Cr Strutt Seconded Cr Ledger That Council

I make a first revote of expenditure from 202021 of $650000 ex GST relating to plant fund purchases and

II accept the tender from GCM Enviro ndash Sydney for supply 1 Refurbished 2014 Tana E320Compactor for $363000 (including GST) and

III accept the tender from RDO Equipment ndash Sydney for supply 1 John Deere 624K-II WasteSpec Front End Loader for $344300 (including GST)

For Crs Dusting Ledger Sampson Strutt Pearce Against Crs Crouch Toomey Bell OrsquoConnor Absent Nil

X060821 CARRIED MOVE TO OPEN SESSION

PROCEDURAL MOTION Moved Cr OrsquoConnor Seconded Cr Strutt To return to Open Session of Council For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell OrsquoConnor Against Nil Absent Nil

X070821 CARRIED PROCEDURAL MOTION Moved Cr Dusting Seconded Cr Strutt The resolutions of Closed Session of Council become the resolutions of Open Session of Council For Crs Dusting Ledger Sampson Strutt Pearce Crouch Toomey Bell Against Cr OrsquoConnor Absent Nil

X080821 CARRIED

CLOSURE OF MEETING The meeting was closed at 157pm

COUNCIL MINUTES CONFIRMED BY RESOLUTION NUMBER DATE MAYOR

UNCONFIRMED

8 TABLING OF PETITIONS

9 URGENT SUPPLEMENTARY AND LATE ITEMS OF BUSINESS 91 LATE REPORT TO COUNCIL -

Uralla 711 and 712 Developer Contributions Plans

92 URGENT ITEMS 93 SUPPLEMENTARY ITEMS

10 WRITTEN REPORTS FROM DELEGATES To be received at Meeting

11 ITEMS PASSED IN BULK To be received at the Meeting

Councillors I am (ChairMayor) seeking to have some agenda items dealt with in bulk by Exception ndash as per Section 13 of Councilrsquos Code of Meeting Policy I will now read and call though the agenda list items ndash Reports of Committees and Reports to Council to be adopted by Exception and ask Councillor to identify any individual items of business listed that Councillors intend to VOTE against the recommendation as recorded in the Business paper ndash or that they wish to speak on

12 MAYORAL MINUTE

121 MAYORAL MINUTE ndash CONDOLENCES TO CR OrsquoCONNOR

TRIM UINT2110097

Mayorrsquos Recommendation

That Council express its condolences to Cr Tom OrsquoConnor at the passing of his wife Marcella and as a mark of respect that the Council observe a minutersquos silence

It is with sadness we hear of the passing of Marcella Cr OrsquoConnorrsquos wife on Wednesday 18 August 2021

We as Councillors are aware of how much support we gain from our partners in our service to the community

Marcella has supported Tomrsquos service to the Uralla Shire Council for many years First in his role as General Manager more recently as a Councillor and through their involvement with many community groups Just one example of her contribution is her service as President of the International Institute of Municipal Clerks Uralla Shire 2006-2007

On behalf of the Council may we express to Cr OrsquoConnor his children and his wider family our condolences on the passing of Marcella

I would like to lead Council in observing a minutersquos silence at the meeting as a mark of respect

Submitted by Mayor (Cr) Pearce

122 MAYORAL MINUTE - REVIEW OF COUNCIL DELEGATIONS

TRIM UINT2110049

That independent legal advice be sought to review the Councilrsquos delegation to the General Manager

It has been brought to my attention that some Councillors have questions and concerns regarding the appropriateness of the Councilrsquos delegations to the General Manager and the associated exercise of those delegations

The introduction of the Local Government Amendment (Governance and Planning) Bill 2016 resulted in changes to Section 377 of the Local Government Act 1993 (the Act) regarding the general power of the Council to delegate

A review of the appropriateness and exercise of these delegation is required to be undertaken in the interest of transparency and good governance

The review should be undertaken by an independent law firm with experience in local government to provide advice to Council on any improvements in how Council delegates to the General Manager

It is estimated that a review such as this would be in order of $2000 to $5000 The CFO has advised that this may be absorbed within the current budget

13 PUBLIC FORUMPRESENTATION

14 REPORT OF COMMITTEES There are no Reports of Committee to the 24 August 2021 meeting

Department Finance

Prepared byTRIM Container U21167Attachments

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK

Goal 42Strategy 422Activity 4221Action 42215

SUMMARY

BACKGROUND

REPORT

KEY ISSUES

That Council note

iii The projected unrestricted cash position as at 30 June 2021 totalling $2395000

Maximise return on investment within risk parameters provided by the USCInvestments Policy

An effective and efficient organisationOperate in a financially responsible and sustainable mannerMaintain and control financial system and improve long-term sustainability

Chief Financial Officer

In accordance with Regulation 212 of the Local Government (General) Regulations 2005 the followingreport is prepared about monies not currently required for use by Council and invested in forms ofinvestment approved by Order of the Minister

Current term deposits of $14107319 spread over the next twelve months will receive a range of interestfrom 27 to 9 with an average rate of 53 Diary of maturing dates and amounts is attached

Councilrsquos General Fund bank balances (listed in the attachments) have been reconciled to the bank statement asat 31 July 2021

The official interest rate remains at 025 and the Reserve Bank has set a target of 010 for the cash rate andthe 3-year Australian Government bond They also noted that The economic outlook for the coming months isuncertain and depends upon the evolution of the health situation and the containment measures The currentlow interest rates will continue to result in reduced investment returns over the coming year

RECOMMENDATION

i The cash position as at 31 July 2021 consisting of cash and overnight funds of $3540172 term deposits of$14107319 totalling $17647491 of readily convertible funds and

Attached is a summary of bank accounts term deposits cash management account and investments instructured credit instruments The investments have been made in accordance with the Act the Regulations andCouncilrsquos Investment Policy

ii The loan position as at 31 July 2021 totalling $1967522 and

Councilrsquos Investments as at 31 July 2021Schedule of loans as at 31 July 2021

15 REPORTS TO COUNCIL 151 CASH AT BANK AND INVESTMENTS

TRIM UINT2110069

Restricted and Unrestricted Cash Cash Equivalents and Investments

30 June 2020Projected 30 June 2021

Externally restricted 9365000 7711000 Internally restricted 4583000 3623000 Unrestricted 1410000 2395000

Total Cash amp Investments 15358000 13729000

Note Restrictions are as noted in the Quarterly Budget Review Statement

Local Government Act 1993

Of the amount of cash disclosed in this report not all of it is available for unrestricted use by Council Some of ithas been set aside to meet external restrictions being those funds that have been provided for specificpurposes such as developer contributions government grants loans water supplies sewer services and AgedCare Bonds Some of the cash has also been set aside specifically to cover future commitments that Council hasmade relating to asset renewals remediation works or leave provisions

As at 30 June 2020 Restricted and Unrestricted funds were fully funded by Cash and Investments (see Note 7(c)of the Annual Financial Statements)

Based on the third Quarterly Budget Review Statement for the quarter ended 31 March 2021 it is projected thatthe Restricted and Unrestricted cash at the end of the financial year will be follows

COUNCIL IMPLICATIONS

2 Policy and Regulation

1 Community Engagement Communication (per engagement strategy)

Current interest rates affect Councilrsquos ability to meet projected investment returns therefore reducing forecast revenue in the long term

The public presentation of this information and Council noting this report is an important part of Councilrsquosmanagement of the risk of not maintaining compliance with the Ministerrsquos Orders regarding approvedinvestment types and in-turn reduces the risk of future losses on investments

6 Legal and Risk Management

Local Government (General) Regulations Order of the Minister re Investments

3 Financial (LTFP)

4 Asset Management (AMS)

5 Workforce (WMS)

7 Performance Measures

8 Project Management

Account Bank StatementMain Account $29015434Trust Account $3129633Bundarra RTC $2611042

$34756109

Interest rate Balance015 above

RBA cash rate$319261131

$319261131

Term Interest rate Maturity Balance12 months 085 2082021 $604577427 months 060 20082021 $4000000011 months 065 25082021 $252741349 months 070 31082021 $7000000011 months 058 31082021 $5000000012 months 071 16092021 $1000000009 months 040 12102021 $7000000012 months 090 22102021 $10000000012 months 090 26102021 $13000000010 months 039 22112021 $500000006 months 035 30122021 $13500000010 months 027 8012022 $5000000010 months 035 17012022 $8000000011 months 035 10022022 $8000000011 months 033 8032022 $5000000012 months 037 1042022 $6000000012 months 040 15042022 $6000000012 months 040 22042022 $5000000012 months 035 21052022 $10000000012 months 041 20072022 $50000000

$1410731876

Westpac Banking Corporation

National Australia BankCommonwealth Bank

Uralla Shire CouncilInvestments at 31 July 2021

Cash at Bank ndash Operating Accounts

Business Investment (Cash Management) Account

InstitutionTerm Deposits

National Australia BankSuncorp

Commonwealth Bank

Suncorp

AMPANZ

Bank of Queensland National Australia BankNational Australia BankSuncorp

Professional Funds

InstitutionNational Australia BankNational Australia BankCommunity MutualTotal

Institution

Suncorp

SuncorpNational Australia BankCommonwealth BankWestpac Banking CorporationBank of Queensland

LoansLoan no Balance

165 $3744060168 $1839271176 $9842642177 $7877495181 $000186 $000187 $9829512188 $2665914189 $18002297190 $142951026

Total 196752217$ Bridge construction amp industrial land development

Grace Munro CentreCreative Village Works

Library ExtensionsCommunity Centre

PurposeMGH Property

Public Toilets Pioneer ParkUndergrounding Power and Main Street UpgradePaving and Power UndergroundingBridge Construction

Uralla Shire CouncilLoans at 31 July 2021

152 PROPOSED DATES - BUDGET REVIEW AND FINANCE

COMMITTEE MEETING SCHEDULE 2021-2022

Department Corporate Services Prepared by CFODirector Corporate Services TRIM Reference UINT219880 Attachments Nil

LINKEAGE TO INTEGTRATED PLANNING AND REPORTING FRAMEWORK Goal 42 An effective and efficient organisation Strategy 422 Operate in a financially responsible and sustainable manner

SUMMARY

1 The purpose of this report is for Council to determine the continued meeting schedule ofthe Budget Review and Finance Committee for the 2021-22 financial year

RECOMMENDATION

That Council I Determine that the Budget Review and Finance Committee meet quarterly during 2021-22

to be held in the Council Chambers commencing at 1230pm with the schedule of meetingdates for the 2021-22 financial year as follows

Quarterly Tuesday 14 September 2021 Tuesday 8 February 2022 Tuesday 10 May 2022 Tuesday 9 August 2022

II Publish the schedule of Committee meetings by public notice in Councilrsquos newsletterwebsite social media and in local print and

III Convene further meetings of the Budget Review and Finance Committee to the aboveschedule as required

REPORT 2 The Budget Review and Finance Committee was formed in October 2018 for the purpose of

examining Councilrsquos budget and service delivery In relation to the frequency of the BudgetReview and Finance Committee meetings Council has resolved as follows

bull At its meeting of 30 October 2018 Council resolved that the Committee meet monthly oras required by the Committee

bull At its Extraordinary Meeting held on 13 November 2018 Council resolved to hold meetingsof the Budget Review and Finance Committee on a monthly basis to June 2019

bull At its Ordinary Meeting held on 25 June 2019 Council resolved to hold meetings of theBudget Review and Finance Committee on a bi-monthly basis to June 2020

3 This report seeks Council confirmation of the schedule for meetings of the Budget Review andFinance Committee for 2021-22 and recommends Council schedule quarterly meetings andadditional meetings as required

4 Holding Committee meetings on a quarterly basis would facilitate discussion on matters identified in the Quarterly Budget Review Statements and the Operational Plan quarterly progress reports providing for efficient use of resources by coordinating with the existing updates currently reported to Council

5 A bi-monthly meeting schedule could be as follows

Tuesday 14 September 2021 Tuesday 9 November 2021 Tuesday 8 February 2022 Tuesday 12 April 2022 (Please note Good Friday 15 April 2022) Tuesday 14 June 2022 (Please note Queens Birthday 13 June 2022) Tuesday 9 August 2022

6 There may be occasions where additional meetings are required and the above recommendation

accommodates this

CONCLUSION

7 Council must determine its schedule for Budget Review and Finance Committee meetings for the 2021-22 financial year

8 Council should consider resourcing required for scheduling meetings balanced with the need for

regular review of its budget and progress of its Operational Plan

9 Community EngagementCommunication The meeting schedule of the Committee to be published in accordance with Councilrsquos Code of Meeting Practice

10 Policy and Regulation NA

11 FinancialLong Term Financial Plan Regular budget review facilitates Councilrsquos consideration of the progress of its Operational Plan

12 Asset managementAsset Management Strategy NA

13 WorkforceWorkforce Management Strategy Resources within the Finance team are required to prepare reports and present at the Budget Review and Finance Committee

14 Legal and Risk Management Councilrsquos financial sustainability is a high risk for the organisation

Improving Councilrsquos financial sustainability

16 Project Management Chief Financial OfficerDirector Corporate Services

153 DRAFT POLICY DISPOSAL OF ASSETS 2021

Department Corporate Services Prepared by Chief Financial Officer Director Corporate Services TRIM Reference UINT219881 Attachments UINT207674

LINKEAGE TO INTEGTRATED PLANNING AND REPORTING FRAMEWORK Goal 41 A strong accountable and representative Council Strategy 413 Provide open accountable and transparent decision making for the community

SUMMARY

1 This report provides the draft Policy Disposal of Assets 2021 to Council for its consideration

RECOMMENDATION

I That the draft Policy Disposal of Assets 2021 be placed on public exhibition for a periodof 28 days (from 30 August 2021 to 26 September 2021) and if no submissions arereceived that the Policy be adopted

II Following adoption of the draft Policy Disposal of Assets 2021 that the followingpolicies be repealed

a Disposal of Council Assets 2013b Major Plant Equipment ndash Purchases and Sale Policy andc Motor Vehicles Including Utilities ndash Purchase and Sale Policy

REPORT

2 As part of Councilrsquos ongoing policy review program the draft Policy Disposal of Assets 2021has been prepared and is attached to this report for Councilrsquos consideration

3 Once adopted the draft Policy Disposal of Assets 2021 and the adopted Procurement Policywill supersede the current Council policies Disposal of Council Assets 2013 Major PlantEquipment ndash Purchases and Sale Policy and Motor Vehicles Including Utilities ndash Purchase andSale Policy which should be repealed following the adoption of the above and removed fromCouncilrsquos policy register

4 The objective of the draft Policy Disposal of Assets 2021 is to provide a systematic andaccountable method to Council officers for the disposal of surplus assets that is transparentand complies with Councilrsquos Code of Conduct and Supplier Code of Conduct

5 The policy applies to the disposal of all Council assets with the exclusion of real property

CONCLUSION

6 The Policy Disposal of Assets 2021 is an important part of Councilrsquos governance controls

7 Community EngagementCommunication This report was presented to the Audit Risk and Improvement Committee for comment on 9 February 2021

The revised policy will be placed on Public Exhibition before being finalised

8 Policy and Regulation This policy was drafted following the policy review program and replaces the Policy Disposal of Assets 2013

Council is bound by s 55 and s 716 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2005

Other policies frameworks and procedures include

Infrastructure Asset Management

Code of Conduct

Procurement Policy

Fraud and Corruption Prevention Policy

Supplier Code of Conduct

Disposal of Assets Procedure

NSW Procurement Policy Framework (2015)

9 FinancialLong Term Financial Plan Income from disposal of assets

10 Asset managementAsset Management Strategy The Asset Manager is a key stakeholder of this policy the Asset Management Plans should be updated periodically to forecast disposals

11 WorkforceWorkforce Management Strategy Training to inform staff of the Policy Disposal of Assets will be provided following adoption of the policy

Reputational damage security breaches (IT equipment) and compliance breaches are risks that need to be taken into consideration This policy helps to mitigate those risks

Disposal objectives strategies and plans need to be closely linked with other aspects of asset management and in particular asset replacement programs

The risk has been identified as low

13 Performance Measures Internal auditing against this policy

14 Project Management Chief Financial Officer Director Corporate Services

Policy

Disposal of Assets

ATTACHMENT 153

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council

Resolution No

Document Owner Chief Financial Officer

Document Development Officer

Coordinator Governance and Risk

Review Timeframe 4 years

Last Review Date 2021 Next Scheduled Review Date

Document History

Doc No Date Amended DetailsComments eg Resolution No

1 November 2020 Draft policy prepared

11 August 2021 Revisions to draft policy per recommendations of Audit Risk amp Improvement Committee

Further Document Information and Relationships

Related Legislation NSW Local Government Act 1993 NSW Local Government (General) Regulation 2005

Related Policies Infrastructure Asset Management Code of Conduct Procurement Policy

Fraud and Corruption Prevention Policy Supplier Code of Conduct

Related Procedures Protocols Statements documents

Note Any reference to Legislation will be updated in the Policy as required See website httpwwwlegislationnswgovau for current Acts Regulations and Environmental Planning Instruments

TABLE OF CONTENTS

1 OBJECTIVES 2

2 SCOPE 2 3 DEFINITIONS 2

4 STATEMENT 2 41 Principles 2 42 Delegation 2 43 Conflict of Interest 2 44 Reason for Disposal 3 45 Disposal Methods 3

5 LEGISLATIVE AND STRATEGIC CONTEXT 3

6 RESPONSIBILITIES 4

1 OBJECTIVES

The purpose of this policy is to provide a systematic and accountable method to Council officers for thedisposal of surplus assets excluding real property that is transparent and complies with Councilrsquos Codeof Conduct and Supplier Code of Conduct

2 SCOPE

This policy applies to the disposal of all Council assets excluding real property

3 DEFINITIONS

Asset For the purpose of this policy Council assets encompass all items of value to Council This includes but is not limited to plant and equipment office equipment office furniture stock items and software

4 STATEMENT

This policy should be read in conjunction with all applicable Asset Management Plans Assets will bedisposed to the best advantage of Council considering the whole of life costs and replacement needs

All disposals must be on a competitive basis and Council will comply with any funding agreements orother legal and contractual requirements in relation to assets Council will also seek the best value result for any other parties that might have an interest in asset disposals

41 Principles

Assets surplus to Council requirements will be disposed of in a manner which promotes obtaining bestvalue for money accountability fairness and impartiality and avoids any conflicts of interest

Prior to the disposal assets will be reviewed in order to ascertain whether they have alternative useswithin Council contain hazardous materials or identifying marks

Councilrsquos Supplier Code of Conduct sets out the high ethical standards expected of suppliers andcontractors

42 Delegation

The General Manager has delegated authority to dispose of surplus Council assets excluding land which may only be disposed of by resolution of Council

The Chief Financial Officer and Director Infrastructure and Development have delegated authority to dispose of Council owned plantfleet assets where the plantfleet is marked for replacement in the Asset Management Plan

43 Conflict of Interest

Council officers involved in the disposal of assets are responsible for disclosing any actual or perceived conflicts of interest that may arise in the performance of their duties Council officers must consider this prior to the commencement of each disposal activity All perceived and actual conflicts of interest are to be referred to the General Manager

44 Reason for Disposal A decision to dispose of a Council owned asset may be based on one or more of the following

bull Obsolescence bull Non-compliance with workplace health and safety standards bull Nil utilisation estimates in foreseeable future bull Nil usage in previous 6 months (stock items - 18 months) bull Optimum time for maximum return bull Uneconomical to repair or bull Replacement of an existing asset eg plant

45 Disposal Methods

The principal methods for disposal of assets are

bull Destruction ndash where assets are deemed to have no value are beyond economical repair or the disposal cost is higher than the likely return

bull Donation to registered charities or community organisations ndash where estimated asset value does not exceed $1000 Registered charities or community organisations should receive equitable treatment to avoid possible claims of bias

bull Negotiated sales ndash where estimated asset value does not exceed $2000 or to Rural Fire Service or to other Local Government entities (councils)

bull Expression of InterestRequest for Quotation ndash assets with an estimated value between $2000 and $50000 may be disposed of by Expression of Interest or Request for Quotation

bull Auction ndash assets with an estimated value between $2000 and $250000 may be disposed of by public auction

bull Tender ndash all assets with an estimated value between $2000 and $250000 may be disposed of by tender All assets with an estimated value greater than $250000 must be disposed of by tender

Section 55 of the NSW Local Government Act 1993 sets out the requirements for Tendering and should be referenced and complied with where relevant 46 Reporting The process for reporting the disposal of assets will be completed in accordance with Local Government Code of Accounting Practice and Financial Reporting The Finance Team will ensure that appropriate financial management practices are followed and Council records are maintained including the Council financial accounts and asset register

5 LEGISLATIVE AND STRATEGIC CONTEXT

This policy relates to the goals of the Community Strategic Plan 2017-2027 41 A strong accountable and representative Council 42 An effective and efficient organisation

Asset disposal should align with the Asset Management Plan (AMP) and Asset Management Strategy documents The AMP will be reviewed on a regular basis and should disclose assets requiring replacement or redundancy

6 RESPONSIBILITIES

The Chief Financial Officer and Coordinator Governance and Risk are primarily responsible for the implementation compliance of monitoring evaluating reviewing and providing advice on this policy Managers and all relevant employees are responsible for complying with this policy

154 CONSIDERATION OF CONSTITUTIONAL REFERENDUM FOR

NUMBER OF COUNCILLORS AND WARDS QUESTIONS Department Corporate Services Prepared by Manager Governance TRIM Reference UINT219882 Attachments Nil

SUMMARY 1 This report has been prepared for Council to consider whether to place two Constitutional

Referendum questions to the community

2 Currently the community is represented by nine Councillors elected for two wards

3 Constitutional questions could enable the Community to have their say on the option to reduce representation to seven Councillors and to abolishing the two wards to have an undivided Shire

4 There are pros and cons for each option for each question which are outlined in this report RECOMMENDATION That the NSW Electoral Commission be notified that Council desires to undertake a Constitutional Referendum in conjunction with the 4 December 2021 Council election to

I reduce the number of Council elected representatives from nine to seven Councillors

II abolish the two wards and have an undivided Shire

REPORT 5 The proposal to reduce the number of Councillors would require a Constitutional

Referendum of electors in conjunction with the 4 December 2021 Council election and would not take effect if successful until the 2024 election

6 The result of the Constitutional Referendum would be conveyed to the Minister for Local

Government and any decision made following the Referendum is binding on Council 7 There is a view that the number of elected representatives could be reduced without

adversely impacting local democracy 8 Councils such as for example Tamworth Regional and Clarence Valley Council which have

significantly larger populations than Uralla Shire Council have nine councillors Armidale Regional Council has recently resolved to undertake a similar process proposing to reduce

the number of Councillors to nine Glen Innes Severn Council has seven elected representatives

9 There would be some cost savings with two fewer Councillors 10 An important consideration would be to endeavour to provide appropriate representation

on Council from residents across the Shire 11 There are a number of important points to consider when deciding whether or not the

number of councillors should be reduced and some of these are set out below

a Pros (For)

i Savings of approximately $15600 per councillor

ii The current ratio of 1 councillor to 672 residents is very high compared to other councils

iii Increased efficiency and effectiveness

iv Quality over quantity

v There are some shire councils with larger geographical areas with fewer than nine councillors

b Cons (Against)

i Financial savings are a small price to pay to ensure good representation

ii Difficult for a small cohort to understand all of the key issues across such a large geographical area

iii May be difficult for seven councillors to support the current number of community advisory committees

iv Community access to councillors may be reduced

v A large number of councillors can provide a broader range of perspectives

vi Smaller numbers may lead to Council being controlled by political or self interest groups

vii May be difficult for lesser known candidates to get elected

12 Consideration should also be made with respect to the abolition of wards The abolition of

wards provided by Section 210 (2) of the Local Government Act also requires a Constitutional Referendum in accordance with Section 210 (5) of the Act

13 Uralla Shire Council has had Councillors elected for wards in which they did not or no longer reside The justification for having wards that key minority sectors are elected does not currently appear to be a critical element

CONCLUSION 14 This report facilitates Councilrsquos consideration on whether to pose the questions of the

number of councillors and wards to the community via a Constitutional Referendum

COUNCIL IMPLICATIONS 15 Community EngagementCommunication

Prior to the conduct of the Constitutional Referendum Council should communicate to the electors the arguments for and against each proposalquestion via Councilrsquos newsletter a public notice and advertising in a local newspaper circulating across the Shire

Should the proposal be accepted there would be fewer Councillors to maintain the same level of representation

Should Council wish to reduce the number of Councillors andor abolish wards it must apply the provisions of S 224(2) of the Local Government Act 1993

224 How many councillors does a council have

(1) A council must have at least 5 and not more than 15 councillors (one of whom is the mayor)

(2) Not less than 12 months before the next ordinary election the council must determine the number in accordance with subsection (1) of its councillors for the following term of office

(3) If the council proposes to change the number of councillors it must before determining the number obtain approval for the change at a constitutional referendum

17 FinancialLong Term Financial Plan

The following savings could be made per councillor reduction

o $11628 in councillor fees o $4000 in ongoing costs for things such as iPads professional development and travel

The NSW Electoral Commission have advised that to run a single question poll or referendum in conjunction with the Councillor elections increases the cost of conducting the election and referendum by approximately 10 Every question is a separate count which has an impact on the cost It is anticipated that the cost of asking one question will amount to approximately $5600 and two questions $11200

18 Asset managementAsset Management Strategy

19 WorkforceWorkforce Management Strategy

Fewer Councillors would impact on some administrative resources

Should the number of councillors proposal be accepted there would be fewer councillors to maintain the same level of representation

Manager Governance

155 OPERATIONAL PLAN 2020-21 QUARTERLY PROGRESS REPORT AS AT

30 JUNE 2021

Department Corporate Services Prepared by Manager Governance TRIM Reference UINT2110023 Attachments UINT218630

Goal 41 A strong accountable and representative Council Strategy 411 Provide clear direction for the community through the development of the

Community Strategic Plan Delivery Program and Operational Plan Activity 4111 Deliver integrated strategic planning and reporting requirements Action 41113 Develop and monitor the annual Operational Plan including Budget

SUMMARY

1 This report provides to Council a summary of the actions delivered during the fourth quarter ofthe 2020-21 Operational Plan and to reflect the progress made toward achieving the four-yearPrincipal Activities contained in Councilrsquos 2017-21 Delivery Program

RECOMMENDATION

That the 2020-21 Operational Plan Progress Report at 30 June 2021 be received

REPORT

2 Section 404(5) of the NSW Local Government Act 1993 requires that regular progress reports areprovided to Council reporting its progress in respect to the principal activities detailed in itsDelivery Program Progress reports must be provided at least every 6 months

3 The Delivery Program is Councilrsquos commitment to the delivery of services and implementation ofPrincipal Activities over a four-year period to achieve the goals and strategies detailed in theCommunity Strategic Plan It is the key accountability mechanism for Council in the delivery of thecommunityrsquos goals and aspirations

4 The Operational Plan is a sub-set of the Delivery Program and provides details of the individualactions that will be undertaken during a financial year to achieve the Delivery Programrsquos PrincipalActivities Responsibility for the delivery of Operational Plan actions is allocated to responsibleofficers who provide progress information

5 The fourth quarter of the 2020-21 financial year comprises the period from 1 April 2021 to 30 June2021 Councilrsquos Fourth Quarter Progress Report as at 30 June 2021 is contained within theAttachments

6 A summary of the key Operational Plan actions delivered and progress achieved for the three month period to 30 June 2021 is set out in the table below

Action Status Summary

Action Status

at 30 June 2021

Society

Our Economy

Our Environment

Our Leadership

Achieved or on target 42 28 24 64 158 823

Action in progresson track

4 5 6 4 19 99

Not on Target Managing closely

1 4 6 11 57

Cancellednot achievable

1 3 4 21

Total 47 38 36 71 192 100

7 Highlights include bull New Operational Plan layout for 202122

bull Meeting statutory deadlines

bull Improvements in Safety Audits

bull Securing significant additional grant funding

8 Focus areas to address challenges include

bull COVID19 ongoing risk management

bull Work Health Safety and employee engagement to retain staff

bull Reduce workers compensation claims and keep lost time injury days low

bull Procurement system gaps

bull Complaint management

bull Leave liability (backlog)

CONCLUSION

9 Of Councilrsquos Operational Plan actions for the three month period ending 30 June 2021 82 are on target or achieved in progresson track 99 with 57 being closely managed and 21 being cancelled or not able to be achieved Of the 192 total actions 4 (21) were cancelled

Community engagement and consultation was undertaken in the preparation of the combined Delivery Program 2017-22 and Operational Plan 2020-21 Quarterly reporting in public Council Agenda Annual Report

The Local Government Act 1993

Integrated Planning and Reporting (IPR) Manual for local government in NSW

12 Financial (LTFP)

The Budget and Long Term Financial Plan form part of the suite of IPR documents

Asset Management Plan form part of the IPR suite of documents

14 Workforce (WMS)

The Workforce Plan is aligned with the Delivery Program and Operational Plan and forms part of the IPR suite of documents

Reporting on a quarterly basis identifies whether strategies are working This is an opportunity to assess any risks in relation to projects or activities The risk is assessed as low

This report outlines the achievement of key actions from within the combined Delivery Program 2017-22 and Operational Plan 2020-21

Operational Plan quarterly progress reports are compiled by the Manager Governance

tiviti

ilrsquos 2

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bull CF

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t bull

bull M

t bull

bull CC

bull LI

bull CT

bull TP

bull M

ndash 2

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ristic

abilit

r driv

ith th

ity to

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ire th

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rterly

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rtific

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amp Se

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rief u

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rtific

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abilit

amp Sa

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rterly

156 URALLA SHIRE COUNCIL DROUGHT MANAGEMENT PLAN ndashUPDATED AUGUST 2021

Department Infrastructure amp Development Prepared by Director Infrastructure amp Development TRIM Reference UINT213844 Attachments UINT213124 - Uralla Shire Council Drought Management Plan Revision - 3

August 2021

Goal 34 Secure sustainable and environmentally sound water-cycle infrastructure and services

Strategy 341 Maintain and renew water network infrastructure to ensure the provision of secure quality and reliable drinking water supplies

Activity 3411 Provide water supply

SUMMARY

1 This report provides the revised Uralla Shire Council Drought Management Plan Revision 3 ndashAugust 2021 for Councilrsquos review and adoption

RECOMMENDATION

I That Council adopt the revised Uralla Shire Council Drought Management Plan Revision 3 ndashAugust 2021 containing the following revisions

a) Drought management action plan set out in Table 2b) Usage targets and emergency water restriction triggers contained in Tables 3 and 4c) Specific water restriction measures as set out in Table 5 andd) Section 58 detailing firefighting requirements

REPORT

2 At Councilrsquos Ordinary Meeting held December 2019 Council resolved in part (181219) asfollows

That Council

Include contingency planning triggers in the Drought Management Plan 100 days out of day 0 for normal usage and 40 days for emergency firefighting

3 The Uralla Shire Council Drought Management Plan Revision 3 ndash August 2021 is attached to thisreport at Attachment 1

4 Pursuant to point 4 of Council resolution 181219 as above the Drought Management Plan has been revised to add emergency contingency triggers for 100 days to day zero and 40 days to day zero for firefighting requirements

5 These amendments are reflected as follows

a) Drought Management Action Plan set out in Table 2 ndash reference to implementation of Level 5 Emergency Drought Response Triggers 1 (100 days to day zero) and 2 (40 days to day zero)

b) Uralla Drought Management Plan set out in Table 3 ndash addition of Triggers 1 and 2 under Level 5 Emergency Drought Response

c) Bundarra Drought Management Plan set out in Table 4 ndash addition of Triggers 1 and 2 under Level 5 Emergency Drought Response

d) Specific Water Restriction Measures set out in Table 5 ndash addition of Triggers 1 and 2 under Level 5 Emergency Drought Response and

e) Section 58 Firefighting Requirements

6 The Drought Management Plans set out in Tables 3 and 4 and the Specific Water Restriction Measures set out in Table 5 have been further amended to include approximate per person usage targets for each drought response level A usage target of 43 of the average usage (or lelt130Lpersonday) is proposed for Level 5 Emergency Trigger 1 (100 days to day zero) and a uusage target of 30 of the average (orlt 100Lpersonday) is proposed for Level 5 Emergency Trigger 2 (40 days to day zero)

7 Tables 3 and 4 have also been updated to reflect total usage targets (kLday) based on 2016 Australian census data and average demand as previously set out in Table 1

8 The usage targets set out in the Drought Management Plan will be informed by Councilrsquos Integrated Water Cycle Management (IWCM) Strategy currently being developed

9 The IWCM Strategy will outline a plan for the integrated management of the water supply sewerage and storm water services within a whole of catchment strategic framework Drought management will form a key component of the IWCM Strategy and therefore the Drought Management Plan will be reviewed following the finalisation of the IWCM to be consistent with the principles of the IWCM Strategy

10 Minor revisions across the document have also been made for clarity consistency and currency

CONCLUSION

11 The Uralla Shire Council Drought Management Plan Revision 3 ndash August 2021 is presented toCouncil for adoption

12 Community Engagement Communication

The Revised Drought Management Plan will be published to the Council website Updates andrevisions to Councilrsquos Drought and Demand Management Plans do not require a 28 days publicexhibition period

Integrated Water Cycle Management Planning framework

14 Financial Long Term Financial Plan

Future drought and emergency response contingency plan to be funded as part of Integrated Water Cycle Management project costs

15 Asset Management Asset Management Strategy

16 Workforce Workforce Management Strategy

Infrastructure and Development staff

Minimise risk of loss of water supply in periods of future drought

Water supply maintained in periods of drought

Director Infrastructure amp Development Manager Waste Water and Sewerage Services

Uralla Shire Council Drought Management Plan

Revision 3 - August 2021

ATTACHMENT 156

Report Details Report Title Uralla Shire Council Drought Management Plan

Status Revised Plan

Enquiries Manager Water Waste and Sewerage Services

T (02) 6778 6300

E councilurallanswgovau

Document History and Status

Revision Report Status Prepared by Reviewed by Approved by Issue Date

1 Final Draft Manager Waste Water and Sewerage Services

Director Infrastructure

and Development

Council resolution 220618

June 2018

2 Update Manager Waste Water and Sewerage Services

and Development

March 2019

3 Amendments per 181219

Project Support Officer

Manager Water Waste and Sewer

and Development

August 2021

Table of Contents 1 DROUGHT MANAGEMENT PLAN 1

2 WATER SUPPLY SYSTEMS 2

21 Water Supply characteristics Uralla 3

22 Water Supply characteristics Bundarra 3

23 Secure Yield Study 2015 3

3 OPERATING ENVIRONMENT 5

31 Location and Climate 5

32 Water Resources 7

33 Climate Scenarios NARCLiM 8

34 Downstream Impacts 8

4 PRE-DROUGHT PLANNING 9

41 Demand Management Plan 9

42 Operating Rules 9

43 System Monitoring 9

44 Long Term Supply Strategies 9

45 Resource and Funding Strategy 10

5 DROUGHT MANAGEMENT ACTION PLAN 11

51 Triggers amp Water Consumption Targets 11

52 Compliance with Water Restrictions 11

53 Easing Restrictions 12

54 Communication 16

55 Backup Emergency Supply Options 16

56 Permanent Water Conservation Measures 17

57 Emergency Response Strategies 17

Water Carting 17

Rationing 17

58 Firefighting Requirements 18

6 POST-DROUGHT ACTIONS 19

61 Post-Drought Evaluation amp Revision 19

62 Regular Review amp Update of the Plan 19

63 Supporting actions 19

7 Appendix 1 20

71 Definitions 20

List of Figures

Figure 1 Average monthly rainfall and temperature 5

Figure 2 BOM Annual Rainfall Data Bundarra Post Office 1883 - 2017 6

Figure 3 BOM Annual Rainfall Data Uralla Dumaresq Street 1901 - 2018 6

Figure 4 Average Annual pan evaporation BOM 14 May 2018 7

List of Tables

Table 1 Summary of Uralla Shire Council Water Supply Systems 2

Table 2 Drought Management Action Plan (Bundarra and Uralla) 13

Table 3 Uralla Drought Management Plan 14

Table 4 Bundarra Drought Management Plan 14

Table 5 Specific Water Restriction Measures 15

Table 6 Trigger points for easing restrictions Uralla and Bundarra 16

1 DROUGHT MANAGEMENT PLAN The Drought Management Plan outlines the various demand and supply side drought response actions that should be employed at various stages during an extended drought period The Plan outlines Councilrsquos restriction policy and documents backup supply sources and emergency supply options Implementing a Drought Management Plan facilitates a structured and transparent approach for the ongoing management of drought impacts on the Uralla and Bundarra town water supplies operated by Uralla Shire Council (USC)

The fundamental objectives of preparing and adopting a Drought Management Plan are to minimise the risk of the community running out of water and to provide sufficient water storages to satisfy the basic community needs in Bundarra and Uralla

The Uralla Shire Council Drought Management Plan was originally adopted by Council in 2015 It has been updated to coincide with the development of the Demand Management Plan The update includes Bureau of Meteorology data the revision of trigger levels and revision of the actions associated with the Drought Action Plan The extent application and practicality of Permanent Water Conservation Measures (PWCMs) as compulsory long-term water restrictions has been reviewed

The objectives of this Drought Management Plan are complemented by the Demand Management Plan and its program Both plans are applicable to Uralla and Bundarra customers connected to the reticulated town water supply systems operated by Uralla Shire Council

Drought Management planning is an essential component of the NSW Governmentrsquos Best Practice Management of Water Supply and Sewerage Guidelines ‐ 2007 The guidelines were prepared in response to urban water reform commitments made by the NSW Government as part of the National Water Initiative (NWI)

Another essential component of the Best Practice Management Guidelines is the preparation of an Integrated Water Cycle Management (IWCM) Strategy Council is currently preparing an updated IWCM Strategy which will outline a plan for the integrated management of the water supply sewerage and storm water services within a whole of catchment strategic framework

Drought management will be a key component of the IWCM Strategy and therefore this Drought Management Plan will be reviewed following the finalisation of the IWCM to be consistent with the principles of the IWCM Strategy

This Plan contains the following sections

Section 2 Contains a description of the Bundarra and Uralla water supply systems with a brief review of previous drought experience

Section 3 Provides an outline of the operating environment for this plan including consideration of climatic conditions and water resources

Section 4 A brief summary of the key activities and strategies that should be in place prior to a drought period

Section 5 Outlines the actions to be taken during each drought response level

Section 6 Outlines the post-drought actions that should be taken in preparedness for future drought periods

2 WATER SUPPLY SYSTEMS This plan is applicable to the urban water supply systems of Bundarra and Uralla Details of these water supply systems are included in Table 1

While there is a need to have some level of uniformity across the region for some drought response actions (e g the rules associated with water restrictions) there is also a need to have tailored drought management strategies that are related to the individual water supply system and the greater environment that it operates within (eg the triggers for activating water restrictions)

Water Supply System

Population Served1

Average Demand (kLday)

Raw Water Source Current Problems

Past Drought

Experience

Uralla 2421 800 Kentucky Creek Dam 500ML capacity

Small catchment in upper reaches of Gwydir River

Storage susceptible to algae growth in summer

The 2015 Secure Yield Assessment indicates that storage would not meet demand during a dry year by 2044

Impact of siltation on storage volume is unknown

Water restrictions have only been applied infrequently in the past

Severe restrictions were applied in 2019-2020 (Level 5)

Bundarra 394 123 Gwydir River 90-120 ML sourced directly from Taylors Pond (83 ML capacity)

System is not robust and is vulnerable to periods of low flow in Gwydir River

Upstream irrigators can place stress on town water supply

Water restrictions (including those on irrigators) are triggered by water levels in Taylors Pond Severe restrictions were applied in 1994 and 2016 Severe restrictions were applied in 2019-2020 (Level 5)

Past restrictions have been applied inconsistently

Taylors Pond capacity was restored by excavating the river bed in 1994

Carting of potable water from Gilgai was considered in 1994

Table 1 Summary of Uralla Shire Council Water Supply Systems

1 2016 Census data

21 Water Supply characteristics Uralla

Water supply for Uralla township is sourced from Kentucky Creek Dam with a total storage of 500 ML of which 75 ML is assumed to be dead storage leaving an effective storage of 425 ML Current extraction of raw water for Uralla varies between 230 and 350 ML per annum Uralla Shire Council is licensed to extract up to 621 ML per annum to meet urban demand from the Kentucky Creek catchment

The Uralla Water Treatment Plant (WTP) is a conventional water treatment plant Raw water is pumped from the storage dam on Kentucky Creek located approximately 5 km south west of Uralla through 85m of pipeline to the inlet of the water treatment works There are three water reservoirs in Uralla with a combined storage capacity of 5 ML

22 Water Supply characteristics Bundarra

Bundarra is serviced by Taylors Pond on the Gwydir River which has a total storage capacity of around 83 ML of which 8 ML is dead storage leaving an effective storage of 75 ML Uralla Shire Council is licensed to extract up to 93 ML per annum from the Gwydir River for the urban supply at Bundarra Records indicate that demand varies between 38 and 56 ML per annum with the average demand being 47 ML per annum

There are currently 216 water assessments in Bundarra supplied from a conventional sedimentation and sand filtration water treatment plant similar in operation to the Uralla plant

The plant has a design capacity of 08 ML per day plus a 20 hydraulic loading Water is sourced from a pump well adjacent to Taylors Pond and following treatment is pumped to two service reservoirs located on the northern and western extremities of the village The two water reservoirs in Bundarra have a combined storage capacity of 1 ML

23 Secure Yield Study 2015

In 2013 Council commissioned NSW Public WorksSMEC to carry out a secure yield study on the catchments for both water supplies The study projected that the modelled unrestricted dry year demand for the two supplies will increase from a current 381 ML to 433 ML in 2044 for Uralla and from a current 62 ML to 71 ML in 2044 for Bundarra

The outcomes of the secure yield modelling gave an estimated secure yield of between 196 and 228 ML per annum (up to 2015) for the Uralla supply and between 41 and 61 ML per annum for Bundarra depending on the security of supply rule that Council adopts

The study concluded that ldquoThe modelling indicates that the Uralla water supply system would need to be augmented to provide a secure yield which matches the dry year demand and that the Bundarra system would need to be augmented to provide a secure yield meeting the average current demand in climate change conditions applying the 51010 rulerdquo

The 51010 rule requires

bull Duration of restriction does not exceed 5 of the time

bull Frequency of restriction is not more than 10 of the time (1 in 10 years)

bull Severity does not exceed 10 of annual demand ie annual demand is not less than 90 of normal

Consequently Council will need to upgrade the Uralla water supply system and should any growth in water supply demand in Bundarra or predicted climate change conditions occur additional storage will be required to maintain security of that supply

3 OPERATING ENVIRONMENT

31 Location and Climate

The New England Region experiences a dry subndashhumid temperate climate Summers are relatively short and mild and winters are long and cold Mean monthly maximum temperatures vary from 257 degrees Celsius in February to 118 degrees Celsius in July Mean monthly minimum temperatures vary from 127 degrees Celsius in February to minus 04 degrees in July

Median rainfall is approximately 766 mm per annum in Uralla and 763 mm per annum in Bundarra with approximately 60 falling in summer and 40 in winter Average annual evaporation is 1400mma Figure 2 below graphs average monthly rainfall and temperatures

Bureau of Meteorology charts showing historical annual rainfall for Uralla and Bundarra are included below in Figure 3 and Figure 4 The drought of 2018 and 2019 is the lowest rainfall on record and followed six years of below-average rainfall

Figure 1 Average monthly rainfall and temperature

Figure 2 BOM Annual Rainfall Data Bundarra Post Office 1884 ‐ 20202

Figure 3 BOM Annual Rainfall Data Uralla Dumaresq Street 1901 ‐ 20203

2 Gaps in rainfall data at Bundarra Post Office were filled using data from nearby weather stations Gaps occur where there are missing valid daily observations within the month This is frequently associated with the observer being unavailable (where observations are undertaken manually) a failure in the observing equipment movement to automatic recording equipment or when an event has produced suspect data 3 Gaps in rainfall data for Uralla were filled using data from nearby stations Note the severity of the 2019 drought

Figure 4 Average Annual pan evaporation BOM 14 May 2018

32 Water Resources

Both Uralla and Bundarra water resources are drawn from the Gwydir Catchment Uralla is served by Kentucky Creek a tributary to the Gwydir River while Bundarra is serviced by the Gwydir via Taylors Pond

The Gwydir River originates in the New England Tablelands near Uralla and stretches 670 km to the Barwon River near Collarenebri The catchment is separated from the Border Rivers catchment to the north by the Mastermans Range and from the Namoi catchment to the south by the Nadewar Range The river catchment is a total of 26600 km2 The Gwydir catchment at Bundarra is 3990km2 Kentucky Creek is a tributary of the Gwydir River and has a catchment area of 132km2 at Kentucky Creek Dam

Gwydir River resources are shared by multiple communities councils and water utilities However it is agriculture that dominates land use across the catchment with livestock grazing dominant along Kentucky Creek and a mix of livestock grazing and cropping dominant around Bundarra

Copeton Dam was completed in 1976 and is the only regulated water storage on the system The Gwydir Wetlands lie below Moree in Northern NSW The wetlands form part of the traditional country of the Gamilaroi people and are a major site for water bird breeding

Uralla and Bundarra extract water from the unregulated portion of the Gwydir That is the river upstream of Copeton Dam Unregulated rivers are dependent on rainfall and natural flows rather than water released from dams

To balance the water needs of the Gwydir communities the Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources commenced on 2 August 2012 The plan provides for the sharing

of water between the environment town water supplies basic landholder rights and commercial use of water The volume of water available to meet all competing environmental and extractive needs varies on a yearly and daily basis depending on the weather river flow and aquifer conditions

The Office of Water maintains a river gauging station at Bundarra Flow data has been recorded here from 1937 The long term average annual flow at Bundarra is 336300ML the mean daily flow is 926 ML (for the period 1937 ndash 2010)

The driest year on record until 2010 was in 1994 when 3400 ML was recorded at Bundarra but even lower flows have occurred since then in 2014 and 2019 Extended drought periods occurred in 1937 ndash 1949 and 1999 ndash 2009 and 201819 when the annual flow was below the long-term average4

33 Climate Scenarios NARCLiM

It is widely accepted that future climate changes could impact on water supply systems through changes to the frequency and duration of rainfall as well as an increase in evaporation

A specific analysis of the impact of changing hydrological conditions under these scenarios for the Gwydir River is not available

Generally across the region (ie for the New England North West) NARCLiM Climate Scenarios predict increasing autumn rainfall while winter and summer rainfall will decrease in the near future (to 2030) Current levels in variability of rainfall are predicted to continue into the future though the pattern of rainfall is likely to be dominated by more intense storms Increases in all temperature variables are expected in the near and longer term (ie by 2070) with fewer cold nights and more hot days NARCLiM models suggest that there will be an extra 7 hot days a year by 2030 and 24 a year by 2070 on average across the region

34 Downstream Impacts

It is important that Council liaise with relevant government agencies and other large users (eg local irrigators) during drought periods to effectively manage water resources at a whole of catchment level

Drawdown of the Kentucky Creek Dam and Taylors Pond under drought conditions is not expected to have any additional negative impact on either Kentucky Creek or the Gwydir River per se There are no environmental water allocations from either storage

4 Source ndash NSW Office of Water May 2011 Water resources and management overview ndash Gwydir River and httpsrealtimedatawaternswcomau gauging station 418008

4 PRE‐DROUGHT PLANNING While the Drought Management Plan focuses primarily on the response actions to be undertaken during a drought the extent of the various impacts of drought (including economic social and environmental impacts) will be largely driven by the effectiveness of a range of pre-drought planning and management activities as discussed below

41 Demand Management Plan

A Demand Management Plan was prepared and released for Community Consultation in tandem with the first issue of this Drought Management Plan The Demand Management Plan includes the following key measures

bull Community Awareness Program

bull Best Practice Water Pricing

bull Permanent Water Conservation Measures

bull Non-Residential Large User Audits during Level 3 restrictions

bull Regulation and Planning Controls including supporting current government initiatives like BASIX WELS and Smart Approved WaterMark

bull Water Loss Management including the metering of all properties

42 Operating Rules

Efficient operation of water supply systems particularly systems with either surface or groundwater storages is an important pre-emptive strategy for managing droughts Due to the difficulty in predicting future drought conditions it is important that system storages are not drawn down excessively during non-drought periods as a result of inefficient operation of the system as this would reduce the security of a supply system in the event of a drought and consequently worsen the impacts of drought

Council should also liaise with the NSW Office of Water (Department of Planning Industry and Environment ndash Water) during the water year to manage the allocation of General Security water in a way that sufficient storages are provided to meet future High Security town water supply requirements

43 System Monitoring

Regular and accurate system monitoring of river flows groundwater levels dam levels extractions and consumptions will be important inputs into future reviews of the Drought Management Plan

44 Long Term Supply Strategies

All water supply systems should be designed to cope with at least a repeat of the worst drought on record Larger systems (gt1000 people) should be designed to cope with more severe drought conditions than the worst on record on the basis that it is reasonably expected that our communities could face a more severe drought than the worst on record

While the Uralla water supply system currently has moderate supply security Bundarra has a relatively low level of supply security This reflects the relatively small size of the water storages Previous studies for both of these systems have identified a range of alternative long term supply strategies However to date long term supply strategies for these systems have not been adopted or implemented

In accordance with IWCM principles Council should prepare and adopt long term supply strategies for each system Where required andor available part funding for the construction of works associated with the long term supply strategies should be sought from higher levels of government

45 Resource and Funding Strategy

The costs associated with managing drought can have a significant impact on Councilrsquos finances due to a variety of factors including

bull Reduced revenue due to water consumption reductions associated with enforcing restrictions particularly in the mid to late stages of the drought

bull Additional costs associated with Council activities including running an ongoing community awareness campaign increased frequency of supply and demand monitoring liaison with government agencies and other stakeholders and policing of restrictions

bull Increased capital and operating expenditure associated with investigation procurement implementation and running of backup and emergency supply options

When preparing budgets for the year ahead Council will need to set aside sufficient funds for drought management activities if drought conditions are expected andor existent In addition all costs associated with managing the drought should be tracked and be available to report to Council government regulators Department of Planning Industry and Environment ndash Water and the community (if required) These costs can then be used as a justification for further investment in long term supply strategies and other drought management planning initiatives

Drought emergency funding may be available through Department of Planning Industry and Environment ndash Water to manage depleted supplies investigate and implement emergency capital works or to cart water

5 DROUGHT MANAGEMENT ACTION PLAN Drought Management Action Plan (DMAP) set out the actions to be taken during each phase (ie drought response level) of the drought There are five drought response levels from Level 1 (Low) to Level 5 (Emergency) with each level having a set of suggested actions to be undertaken during that phase of the drought including an associated set of water conservation measures restrictions Please refer to Table 2 The specific water conservation measures associated with each Level are listed in Table 5

Specific DMAPs have been prepared for Uralla and Bundarra (see Tables 3 and 4) with additional specific actions to be undertaken in that system These are generally related to the investigation and implementation of backup and emergency supply options Secondary (or supplementary) supply sources for each of the drought response levels are listed

51 Triggers amp Water Consumption Targets

The DMAPs for each water supply system include primary triggers for initiating each drought response level as well as total system water consumption targets for those levels In general triggers for small town water supply systems had previously been based on the operatorrsquos experience and were generally not directly related to a fixed flow or water level Trigger Levels have been adopted and it is anticipated that over time more refined triggers will be developed and that they will be based more on the risk (based on historical flow records) of having a shortfall in supply

Water consumption targets are average annual consumptions and should be adjusted for seasonal patterns (where appropriate) Note that once outdoor usage is banned (Levels 4 amp 5) consumption targets become fixed daily targets due to the lack of influence from seasonal factors

The decision to implement water restrictions is subject to an assessment of factors including but not limited to remaining storage weather and climate forecasts and the impact the restrictions may have in relation to maintaining compliance with the Australian Drinking Water Guideline 2011 and Public Health Act (NSW) 2010

In considering the easing of water restrictions Council will take into consideration water supply demand projected demand level and security of bulk water sources catchment parameters seasonal conditions and seasonal outlook

52 Compliance with Water Restrictions

Periods of water restrictions and use of appliances in accordance with water restrictions in place may be policed by Council officers

Under the Local Government Act 1993 the maximum penalty that may be applied for a breach of imposed water restrictions is $2200 for corporations and $220 for individuals

Further as set out in Local Government (General) Regulation 2005 Regulation 144 ldquoThe council may cut off or restrict the supply of water to premises ndash

(c) if in the opinion of the council that action is necessary because of unusual drought or other unavoidable cause or any accident

(f) if the occupier of the premises contravenes a provision of Division 3 of this Part or fails to comply with any council order or public notice requiring consumers of water to economise its use in time of drought or scarcity of supplyrdquo

53 Easing Restrictions

Easing water restrictions will generally not be implemented where it is likely that the revised restrictions will not be sustained for more than three weeks before tighter restrictions have to be re-imposed Table 6 outlines the levels at which restrictions will be eased in each system

bull Ac

n bull

bull Es

bull Re

n bull

liaiso

ith ke

ent ndash

bull U

itorin

l of W

l of r

s of d

bull Im

rictio

bull Co

y) lia

t ndash

bull U

itorin

l of W

l of i

tly im

bull Im

rictio

bull St

ith la

bull Tw

) bull

bull N

t ndash W

l of W

s with

t allo

l of r

bull Im

rictio

bull St

bull Da

ily re

bull Re

bull Im

rictio

bull Al

ndash m

tial u

bull Re

bull Da

ily re

bull Re

bull Im

r 1 re

ndash 1

bull Im

r 2 re

ndash 4

l of W

rictio

rict t

Drought Response

Level Primary Trigger5 Usage Target6 Additional Actions

Kentucky Creek Dam level falls to

760 kLday le300Lpersonday

(95 average)

Permanent water conservation measures apply see Section 56

2 Moderate

(90 average)

Implement Parks and Gardens water management plan and target 30 reduction in water usage

3 High

(85 average)

Target 50 reduction in Parks and Gardens water usage

4 Very High

(75 average)

Target 25overall usage reduction Investigate availability of tankers to transport potable water from Armidale

5 Emergency

(50 average)

Target 50 non-residential usage reduction Implement transport of potable water from Armidale to supplement supply

Trigger 1 Day Zero le 100

(43 average)

Target 57 non-residential usage reduction Target usage le130L per person per day

Trigger 2 Day Zero le 40 Days

(30 average)

Target 70 overall usage reduction to maintain water supply for emergency firefighting Target usage le100L per person per day

Table 3 Uralla Drought Management Plan

Drought Response

Level Primary Trigger Usage Target Additional Actions

Taylors Pond level falls to 74

(95 average)

Irrigation by adjoining rural landholders ceases

2 Moderate

(90 average)

3 High

(85 average)

Target 50 reduction in Parks and Gardens water usage Prepare to draw on Warrabinda Pond

4 Very High

(75 average)

Draw on Warrabinda Pond (if supply available) Investigate availability of tankers to transport potable water from Gilgai

5 Emergency

(50 average)

Target ge50 overall usage reduction Implement transport of potable water from Gilgai to supplement supply

(43 average)

Target ge57 overall usage reduction Target usage le130L per person per day

(32 average)

Target ge68 overall usage reduction to maintain water supply for emergency firefighting Target usage le100L per person per day

Table 4 Bundarra Drought Management Plan

5 Secondary triggers may include failure to achieve consumption targets or major water quality incidents 6 Usage targets are average annual consumptions and should be adjusted for seasonal variations Target values are approximate

tivity

fficie

cil re

s with

il per

for gt

il per

for gt

Fillin

ncil p

r gt5k

ncil p

r gt5k

Fillin

il per

for gt

il per

ncil p

ll tim

t of f

ith th

Drought Response Level Kentucky Creek Dam Taylors Pond

Permanent Water Conservation Measures

1 Low 64 70

2 Moderate 52 60

3 High 44 50

4 Very High 32 40

5 Emergency 25 30

Table 6 Trigger points for applying restrictions Uralla and Bundarra 54 Communication

A key aspect in ensuring the successful implementation of the Drought Management Plan is the communication strategy A community awareness campaign is vital for ensuring the community is made aware of actions that directly impact them such as water conservation measures restrictions and any associated fines and exemptions and the activation of backup or emergency supply sources and any associated changes in water quality

The community also needs to be given advice on how to minimise the impact of various water conservation measures (including options for household recycling of water) and advice on saving water around the home in general It is important that the community is kept up-to-date with the status of water supply sources (including river flows and dam storage volumes) and is given some idea of the consequences of not achieving target reductions in water consumption

An understanding of how to comply with water restrictions and the applicable fines is also required

Liaison with key government agencies is another important component of the communication strategy Key agencies include Department of Planning Industry and Environment ndash Water NSW Health NSW Local Land Services and WaterNSW It is particularly important that the relevant agencies be informed when significant impacts on the community the environment or other stakeholders are expected as a result of actions arising from implementation of the plan

For the Bundarra system liaison with local irrigators is also important to facilitate awareness of any impacts they may be having on the town water supplies and conversely to make sure they are aware of the potential impacts that Councilrsquos actions arising from the implementation of the plan may have on them

55 Backup Emergency Supply Options

After each of the water supply system DMAPs backup and emergency supply sources (referred to in the action plan) are listed in order of preference

1 Transporting potable water from Armidale to Uralla by tanker A temporary connection to water supply mains in the Armidale industrial area would be needed Approval from Armidale Regional Council will be required

2 Transporting potable water from Gilgai to Bundarra by tanker Tankers would need to fill using standpipe attached to the main in the village Approval of Inverell Shire Council would be required

At the time of writing Council is in the early stages of exploring groundwater sources as an emergency water supply Should viable groundwater resources be realized as part of this project then this Plan will be updated to reflect this new source

56 Permanent Water Conservation Measures

As part of Councilrsquos overall Demand Management strategy in conserving water at all times (during drought and non-drought periods) permanent water conservation measures (PWCMs) will be adopted and promoted to residents to take up on a voluntary basis The following measures comprise PWCMs

1 Minimise watering during the heat of the day

2 Use a trigger nozzle on hand held hoses

3 Wash down hardpaved surfaces with a high-pressure hose only

57 Emergency Response Strategies

In the event of severe water shortage it is assumed that external residential water use would be stopped altogether by way of restrictions and that indoor water use could also be reduced through persuasive advertising and community education campaigns

Emergency response strategies should only be considered when all other options have been exhausted and should be applied in conjunction with the application of level 5 water conservation measures

Water Carting It is anticipated that water carting to Bundarra could be achieved using a single truck however Uralla may require several large trucks or semi-trailers In order to reduce transportation times and costs Bundarra could be supplied from Gilgai (if possible) and Uralla could be supplied from Armidale

Technical and financial assistance towards the cost of water cartage is available from the NSW Minister for Water but is subject to quantities and cartage arrangements being agreed with Department of Primary Industries Water Further details regarding water carting are provided in the Department of Planning Industry and Environment ndash Water document titled ldquoEmergency relief for regional town water suppliesrdquo

Rationing In association with Level 5 water conservation measures voluntary rationing of indoor water use will be strongly encouraged through persuasive advertising and community education Council has adopted a Level 5 residential water allowance (or target) of 100 Lpersonday Feedback on how much water each household is using compared to the allowance will be provided through the billing cycle This puts the onus on each household to decide what internal restrictions or water savings devices they will employ in order to achieve the Level 5 residential water allowance

Once Level 5 Restrictions are introduced Council may implement some or all of the following measures

bull Introduce investigation of properties claiming the use of recycled or alternate sources of supply and if the claims are valid provide a Council approved sign at no cost to the property owner verifying the inspection and alternate use

bull Commence monitoring water consumption at residential properties on a quarterly basis and formally approach property owners where savings in treated water consumption are not shown or other unusual consumption is indicated requesting an explanation

bull Conduct more frequent meter reading of high water users to encourage greater conservation

bull Mail out to all residential properties connected in the affected area one or two shower timers to be used to encourage residents to reduce the period of time spent showering

bull Write to all businesses (including motels schools and other institutions) in the affected area to support them with water audits

58 Firefighting Requirements

Council will provide preference to the NSW Rural Fire Service to accommodate water supplies for firefighting requirements This plan implements a 40-days to zero trigger under the emergency level water restrictions to further reduce consumption to maintain sufficient water supplies for firefighting purposes

6 POST‐DROUGHT ACTIONS

61 Post-Drought Evaluation amp Revision

Once the drought has broken and water supply systems return to normal operating conditions a review needs to be undertaken of the effectiveness of the Drought Management Plan The post-drought evaluation should include

bull A review of both supply side and demand side actions including their effectiveness and timing should be undertaken for each system and documented

bull An assessment should be made of the impact of drought management actions (including water conservation measures) on various stakeholders including the community

bull An assessment of the impact of drought management actions on Council should also be undertaken

bull Community response to the imposition of various restrictions should be sought including feedback on the effectiveness of the Community Awareness Campaign how they managed the impacts of drought and any suggested changes modifications to the water conservation measures

bull Feedback should also be sought from various government agencies and other stakeholders including local irrigators

Based on this review of the previous drought and any feedback received the Drought Management Plan will need to be revised to include issues that were not previously considered and potentially modified to improve the future management of droughts

62 Regular Review amp Update of the Plan

In addition to evaluation and revision after each period of drought regular reviews of the Drought Management Plan should be undertaken initially at least every 3 years Plans should be updated with the latest information on water supply systems including any augmentations that have occurred changes to operating rules and up-to-date water consumption data and flow level monitoring data for water sources Plans should also be updated after any major changes augmentations to water supply systems Future revisions of the plans should consider climate change projections developed by the CSIRO

63 Supporting actions

It is recommended that the following actions and initiatives be undertaken to improve the effectiveness of the Drought Management Plan and overall supply security

bull Discuss proposed emergency sources with adjoining Councils

bull Advertise this Drought Management Plan and invite public comment

7 Appendix 1 71 Definitions Aged and Disabled Watering Exemption under Level 3 water restrictions is an exemption granted to aged and disabled persons at an approved site for watering with a hand held hoses for 15 minutes only on Sundays and Wednesdays between the hours of 400pm and 800pm during daylight saving time and 400pm to 600pm during Eastern Standard Time A Council approved sign supplied by Council is to be displayed at the site (visible form the street) while watering is in operation The person authorised under the exemption or any other persons at the site are not permitted to use a bucket or watering can while the exemption is in place at the site

Alternate Water Source means water from a bore dam stream rainwater tank that is not connected to the Council reticulated water supply or recycled water

Approved Alternate Water Source means an approved alternate water source approved by Council

Domestic Purposes means for internal household use

Drought ldquoDrought is a prolonged abnormally dry period when the amount of available water is insufficient to meet our normal use Drought is not simply low rainfall Meteorologists monitor the extent and severity of drought in terms of rainfall deficiencies

It is generally difficult to compare one drought to another since each drought differs in the seasonality location spatial extent and duration of the associated rainfall deficiencies Additionally each drought is accompanied by varying temperatures and soil moisture deficitsrdquo Bureau of Meteorology 2018

Hand held hose means a hose fitted with a trigger nozzle that is only held by hand

Fixed Sprinkler means sprinklers micros rays or misters fitted to a hose or pipe

Drip irrigation system means an irrigation system that complies with the following requirements bull Drippers must have a manufacturerrsquos discharge rating of not greater than 8Lhour at a water

pressure of 100kPa

bull The maximum rate of the complete irrigation system per property is 5 Lminute

bull The following devices must be those approved by Council and fitted at the appropriate locations in a drip irrigation system Backflow prevention device Automatic timer and 100kPa pressure reduction valve

Use of Bucket or Can (when permitted under water restrictions) A bucket or can is to be of no more than 20L capacity is to be filled directly from a tap (or a length of hose of not exceeding one meter in length connected directly to a tap) during the allocated watering time The bucket or can must only be decanted by way of tipping directly onto the garden lawn pool or motor vehicle and must not be decanted into another vessel or storage vessel prior to use A limit of only one bucket or can may be used during the allocated hours of watering at each property or tenement (unit villa or strata unit)

Water Restrictions means regulations introduced by Council to enforce restrictions of water consumption to maintain water supplies at levels consistent with good management practices considering volume

Water Management Plan means a plan approved by Council for the approved hours and method of on-site water use The approved plan relates to a specific property and a sign provide by Council must be displayed at the site for the duration of the plan

Council Approved Sign means a sign approved and supplied by Council

157 TRANSFER OF CROWN ROAD ndash FLAT ROCK ROCKY RIVER Department Infrastructure amp Development Prepared by Director Infrastructure amp Development TRIM Reference UINT219170 Attachments UINT219157 ndash Attachment 1 - Crown Road Transfer - Flat Rock Road Rocky

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK Goal 23 A safe and efficient network of arterial roads and supporting infrastructure

and town streets footpaths and cycle ways that are adequate interconnected and maintained

Strategy 231 Provide an effective road network that balances asset conditions with available resources and asset utilisation

SUMMARY 1 This report is to seek a Council determination in response to the Department of Planning

Industry and Environment ndash Crown Lands to request transfer of a section of the Crown road Flat Rock Road to Uralla Shire Council as the roads authority

RECOMMENDATION That Council advises the Department of Planning Industry and Environment ndash Crown Lands that Council has no objection for the transfer of a section of the Crown road Flat Rock Road at Rocky River located within the Uralla Sewerage Treatment Plant Grounds to Uralla Shire Council REPORT

2 Council has received correspondence dated 30 June 2021 (see attached) from the Department of Planning Industry and Environment ndash Crown Lands requesting Uralla Shire Council take control of a short section of the Crown road located at Flat Rock Road Rocky River

3 The proposed section of Crown road to be transferred is shown in Attachment A as outlined in blue

4 The area to be transferred commences at the previous construction of the road and ceases at the existing fencing and ramp across the road

5 The total length of the proposed section of road to be transferred is approximately 130m

6 Council has previously constructed a section of the part of the road to provide access to the Uralla Sewerage Treatment Plant

7 The remainder of the existing Crown road past the ramp within the private property is not fenced

8 There are no costs to Council associated with the transfer of the road

CONCLUSION 9 Following the Department of Planning Industry and Environment ndash Crown Landsrsquo request to

Council it is reasonable that Council advise of no objection for the transfer of the Crown Road to Council

10 Community EngagementCommunication

The proposed application for transfer of land is an administrative process and has minimal impact on the community Deliberative engagement with the community is not required

Roads Act 1993

Crown Land Management Act 2016

Subject to transfer of the road the road will be included in Councilrsquos asset management plans and ongoing maintenance costs will be included in future budgets

13 Asset ManagementAsset Management Strategy

Update asset register as required

Not applicable at this stage

No risks identified at this stage

From Rodney OBrienTo Terence SeymourSubject Flat Rock RoadDate Wednesday 30 June 2021 105927 AMAttachments Flat Rock Roadpdf

roads-crown-road-transfer-application-formpdf

Hi Terry

How you goingI have attached a map showing a small section of Flat Rock Road that I would like USC to takecontrol over as outlined in BlueAs can be seen USC has already constructed a section of the road and the rest of the road is notfenced out of USC propertyThe total length is approximately 130 m long I have stopped it at the existing fencing and rampacross the roadIf USC is amenable to this could you please complete the attached form and return it to meASAP it does not cost council anything for this to occur

If you have any further questions please give me a call

Thanks

Regards

Rodney OBrienGroup Leader Armidale amp Moree

Crown Lands | Department of Planning Industry and EnvironmentT 02 6770 3101 | M 0400 529 660E rodneyobriencrownlandnswgovau92 Rusden Street Armidale NSW 2350PO Box 1138 Armidale NSW 2350

wwwcrownlandnswgovau

ATTACHMENT 157

Crown Account Details

Disclaimer Scale is not accurate Crown Lands mustnot be liable for any loss or damage (including loss ofprofits business revenue or data) whether incontract tort (including negligence) or otherwisearising from or in connection with any defect error orinaccuracy of information or any part thereof or anyproducts or services

Copyright Department of Planning Industry andEnvironment - Crown Lands 2019

Projection WGS_1984_Web_Mercator_Auxiliary_Sphere

1Scale

11 m23 34

SANDON

URALLA

30062021 105019 AM

DPIobrienr

County

Suburb ROCKY RIVER

Author

Parish

URALLA

Map Created

Application to transfer Crown roads Form

NSW Department of Industry | DOC17260842| 1

Application to transfer Crown roads Use this form to apply for consideration to transfer a Crown road to another roads authority

Contact us

For more information please contact us at

NSW Department of IndustrymdashLands amp Water PO Box 2155 DANGAR NSW 2309

Phone 1300 886 235 Fax 02 4925 3517 Email clenquiriescrownlandnswgovau Web industrynswgovaulands

Lodgement

Email the completed form to clenquiriescrownlandnswgovau or

Mail to

NSW Department of Industry PO Box 2155 DANGAR NSW 2309

Roads Authority details

Council Name

Contact Officer

Contact Officer Declaration I lodge this application under instruction from council and have attached a letter

from council (with council letterhead) giving consent to Department of Industry ndash Lands

amp Water to transfer the Crown road described in this application to council

Signed______________________________________ Date__________________

Postal Address

Phone Mobile

Reference

Description of Crown road to be transferred

Property Name

Property Address

Town Locality LGA

Parish County

General Description of

Road (include adjoining

LotDP number

Area (m2ha)

Requested road transfer area shown by colour on the attached diagram

Crown road transfer information

Reasons for requesting Crown road transfer

Is there a Development Application in progress or approved over the Crown road Yes No

Is there a subdivision application in progress or approved over the Crown road Yes No

Is the Crown road constructed or formed Yes No

Is the road to be used in compensation for a road opening Yes No

Have adjoining landholders been identified and notified of the transfer request Please provide copies of any consents of adjoining affected landowners

Yes - provide responses below

Supporting documentation checklist Copy of letter with council letterhead giving consent for Crown road to be transferred to council

Diagram identifying Crown road requested for transfer

copy State of New South Wales through Department of Industry 2018 The information contained in this publication is based on knowledge

and understanding at the time of writing (May 2018) However because of advances in knowledge users are reminded of the need to

ensure that the information upon which they rely is up to date and to check the currency of the information with the appropriate officer

of the Department of Industry or the userrsquos independent adviser

LA 300

158 WORKS PROGRESS REPORT AS AT 31 JULY 2021 Department Infrastructure amp Development Prepared by Manager Civil Infrastructure TRIM Reference UINT219806 Attachments UINT219805- 1 - Works Program to 31 July 2021 and draft 2021-22

program LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK Goal 23 A safe and efficient network of arterial roads and supporting infrastructure

Activity 2311 Deliver road and drainage maintenance services and capital works programs

Action 23111 Deliver sealed roads bitumen maintenance program in line with established service levels and intervention points - per Transport Asset Management Plan

23112 Deliver sealed roads capital renewal program - per Transport Asset Management Plan

23114 Deliver unsealed roads grading program in line with established service levels and intervention points - per Transport Asset Management Plan

23115 Deliver unsealed roads re-sheeting program in line with established service levels ndash per Transport Asset Management Plan

SUMMARY 1 The purpose of this report is to inform Council of the works that have been completed or

progressed to the following month and works being undertaken in the current month and when required make additional recommendations for Council decision

RECOMMENDATION That Council

i receive the report for the works completed or progressed during July 2021 and works programmed for August 2021

ii approve the reallocation of the funding for Regional Road reseals of $287361 to Regional Roads rehabilitation

iii otherwise endorse the Capital Works Program for 2021-22 and iv endorse the proposal to submit a nomination to the 202223 NSW Safer Roads Program

and the Federal Road Safety Program for safety improvement works on Kingstown Road

REPORT 2 Works Undertaken in July 2021

bull Main Road Maintenance

MR73 Thunderbolts Way (Walcha) Thunderbolts Way and Bundarra Road

Bitumen patching Bitumen patching

bull Sealed Roads Maintenance

Uralla Streets and Rural Roads Bitumen patching Mowing

bull Unsealed Roads Maintenance Grading Bakers Creek Road Georges Creek Road

Clerks Creek Road Goldfinch Street Traceys Road Traceys Loop Road Glenroy Road Brechts Lane Plug Lane Warrembah Road Westvale Road Jobsons Lane Mabbotts Lane

Graded Graded Graded Graded Graded Graded

bull Construction Hawthorne Drive

Barraba Road Bullens Road Bendemeer Road

Repair soft patched and continue sub-base construction Curve widening at Bakers Creek crossing Gravel re-sheeting Gravel re-sheeting (3km)

bull Bridge Sign

Plane Avenue Invergowrie Road

Complete shared path construction Commence pavement repair Install subsoil drainage

bull Town and Parks

Uralla

Recreational area maintenance cemetery maintenance clean kerb amp gutters mowing sporting field linemarking tree pruning weed spraying

3 Works to be continuedundertaken in August 2021

bull Regional Sealed Road Maintenance

Bitumen patching mowing

bull Rural Sealed Roads Maintenance

Bitumen patching Mowing

bull Unsealed Roads Maintenance Grading ndash Saumarez War Service Road Baldersleigh Road Lindon Road Glenburnie Road Borgerrsquos Road Enmore Area Kellyrsquos Plain Area

bull BridgeSign Continue Invergowrie Road pavement repair

Bundarra Town footpath construction

bull Construction Continue Hawthorne Drive Stage 1 Commence Old Gostwyck Road upgrade Commence Tolleys Gully Bridge approaches

bull Town Area General maintenance and upkeeping

4 The following road projects are funded and undertaken in coming months

bull Project Tolleys Gully Bridge ndash New access road construction

Funded Restart NSW

bull Project Hawthorne Drive stage 2 construction Funded Fixing Local Road amp LRCI

bull Project Old Gostwyck Road Hariet Gully Road and Corey Road upgrade Funded LRCI

bull Project Bundarra Road Funded Block Grant amp REPAIR Program

bull Project Bergen Road Funded Safer Roads Program

5 Capital Works Program 2021-22

As presented to Council in the 10 August workshop attachment 1 details the works undertaken in July and a draft program for the balance of 2021-22 Such works programs are subject to change and can be influenced by weather availability and performance of resources funding latent conditions associated impacts on actual costs and grant funding constraints Progress against the works program is reported to Council at least quarterly (usually monthly) and where required will include recommendations to amend the works program

6 Regional Roads ndash Resealing and Rehabilitation

As presented at the 10 August 2021 workshop condition assessments of the Regional Roads indicate that Council should defer the reseal program and allocate the funds of $287361 to rehabilitation projects on the Regional Road network

7 Grant Funding ndash 202223 NSW Safer Roads Program and the Federal Black Spot Program

Nominations are invited from Councils for the 202223 Safer Roads Program and the Federal Black Spot Program Nominations close on 31 August 2021

It is proposed to submit a nomination for a project to improve the safety of Kingstown Road over a 10km section from 15km to 25 km west of Queen Street

The project involves

1 widening the road shoulders and sealing to 86m wide (consisting of 2 x 33m travel lanes and 2 x 1m wide sealed shoulders) for the full 10 km length

2 widening the existing road formation at two locations where it is currently too narrow to accommodate a 86m seal width between 160 and 185km and between 215 and 235km and

3 installation of a safety barrier on the Left Hand Side going west (southern) side between 160 and 185km

The current estimated cost of this work is $580000 which will be fully funded under the Program(s) if the nomination is approved

CONCLUSION

8 The works progress report provides Council with information on the works completed or progressed during June 2021 and works programmed for July 2021

9 Council can reduce expenditure on Regional Roads reseals to zero and apply the funding to necessary Regional Roads rehabilitation projects

10 Council can make application for funding for safety improvement works to Kingstown Road under the NSW Safer Roads Program

Weekly posts to Councilrsquos Facebook and internal weekly bulletin keep the community informed of progress

Procurement Policy Infrastructure Asset Management Policy and other applicable Civil Infrastructure and Works policies of Council

Local Government Act (1993) Roads Act (1993) Work Health amp Safety Act (2011) Environmental Planning amp Assessment Act (1979) and Australian Standards

13 Financial (LTFP)

In accordance with budget

Grant application is for 100 funding

In accordance with Asset Management Plan and condition assessment report

15 Workforce (WMS)

Council staff and contractors

Maintaining Council assets and improving safety to minimise legal and risk exposure

Works completed to appropriate standards

Works Manager Overseer amp Director Infrastructure amp Development

IDTask

rb amp

ual Task

ual Su

al Task

ft - C

Department Infrastructure amp Development Prepared by Project Manager TRIM Reference UINT219781 Attachments UINT219827 - 1 Cashflow Bundarra Sewerage Scheme July 21 ndashrev3

UINT219780 - 2 Bundarra Sewerage Scheme Program August 2021 UINT219782 - 3 Bundarra Sewerage Scheme Funding Deed Schedule A UINT2110057 - 4 Email - Response from Liz Hayes - LGNSW - Refund of

Costs - Bundarra - Legal Advice Request UINT2110056 - 5 Adrenaline Pty Ltd v Bathurst Regional Council 2015

NSWCA 123

Strategy 242 Maintain and renew the sewerage network infrastructure to ensure the provision of efficient and environmentally-sound sewerage services

Activities 3421 Provide Sewerage Services Action 34213 Undertake the project management of the construction phase of the

Bundarra Sewerage Scheme through the engagement of project management staff or consultant

SUMMARY

1 Uralla Shire Council has entered into a contract with Ledonne Constructions to install a LowPressure sewerage system within the village of Bundarra This will provide reticulated sewerageto 171 developed properties within the village

2 The construction contract was awarded in December 2020 with a 12 month constructiontimeframe

RECOMMENDATION

That Council

I receive the Bundarra Sewerage Scheme ndash Project Update Report

II note the legal advice regarding funding of private works already undertaken byproperty owners and

III approve additional funding provision for contingencies from the sewerage fund forup to $100000

REPORT

3 The project is in the construction phase and is in excess of 67 complete overall as per theprogram Gantt Chart

4 The bulk earthworks at the Sewer Treatment Plant (STP) are complete Also at the STP theirrigation pump shed is complete with the solar panels installed ready for operational testing ofthe pumps The pipework for the 48ha irrigation area is in place undergoing pressure testing

5 The sewer rising main from the corner of Oliver and Bombelli Streets to the Sewerage TreatmentPlant is in place Vents and valves are being installed prior to testing and commissioning Thepumping station is connected to mains power

6 Throughout the village of Bundarra south of the Lone Pine Bridge the low pressure sewer streetmains have been under bored throughout the streets This is 95 complete with only shortsections to finish and 3 scour valves remaining to be completed Forty percent of the internallow pressure sewer lines have been completed Installation of the sewerage pressure units(pods) has commenced as at the end of July 2021 32 of the 171 installations carried out Theelectrical control panels for the PSUrsquos have also been installed to 40 of residential buildingsand the electrician is due to return next week to commence on the upgrade works and furthercontrol panel installations

7 A letter drop was completed 4 August 2021 advising of Councilrsquos Section 67 resolutionat the July meeting This has been well received and as of 10 August 2021 50 ofproperty owners have signed in agreement Additionally 75 of the electrical upgradesproposed have been reviewed with some anticipated savings

8 Private works are to be validated by Council staff as they are completed against theworks tabled as required

9 Part IV of OM XOo621 VI provided that Council seek legal advice to determine if thereis any permissible method for Council to pay for the private works that may have beenundertaken by the owners of the assets since the Councilrsquos letter to residents 8 April2021 to the date of this resolution and report back to Council

10 Legal advice has been received regarding the potential for Council funding worksundertaken by property owners and is included as attachment 4 and attachment 5

11 The advice does not identify any lawful mechanism for Council to fund the works alreadyundertaken by land owners

12 The extension of the project scope to include the funding of the private worksassociated with the necessary electrical and plumbing upgrades has largely exhaustedthe available contingencies and additional funding approval is necessary At OM200521 it was resolved at point c that Council approve the Private Works underSection 67 NSW Local Government Act 1993 from the Sewer Fund

13 To clarify this it is considered prudent that Council resolves an amount of additionalcontingency at circa $100000 to fund any additional variations This will minimise therisk of potential delay costs associated with waiting to seek a further Council approvalfor additional project funds for any necessary project variations should they arise

CONCLUSION

14 Overall the project is progressing acceptably there is some extension in time due toweather and design issues There is currently adequate funds to progress the private

works variation providing for the upgrades to the non-compliant electrical and drainage private works of the buildings to be connected This has largely exhausted the project contingency and further variations will require additional funding from Councilrsquos sewerage fund

Progress updates have been provided to the community using the Uralla Shire Council Websiteand Councillor Bulletin on a monthly basis There is a segment on USC webpage on majorprojects which provides details on the progress of the Bundarra Sewerage Scheme AFrequently Asked Questions section has been created on Councils Website which providesspecific information to residents about enquiries related to their situation

There are regular reports to Council informing of progress and budgetary status

Section 67 NSW local Government Act 1993

GST EXC $ Ledonne Tender 7061369 $7061369

Variations claimed Oxidation pond and irrigation trenching in rock 108813

Variations approved to be claimed Design Variations 16987 Rock Extra 2 projected 42727 Extra Pressure units missed in the design 4 $145K 58000

Dismantling Joints 1573 Variations ndash electrical upgrade works 281486 Variation ndash plumbing upgrade works 192767 Total Variations 702353 702353 Ledonne Contract + Variations $7763722

Council costs inc project management to date $61889 Total expenditure and commitments to date $7825611

Council costs project management to finish $7000month(8mths)

$56000

Total expenditure and commitments projected to complete $7881611

Council Commitment $1785113 Grant funding capped maximum with contingency $6113220 Total Available $7898333 Remaining uncommitted contingency $16722

Tabulated financial position August 2021 USC contract with RFT10031531 with Ledonne Constructions

Uralla Shire Council has engaged Ledonne Constructions for the above Tender price plus some additional variations noted to date The residual funding available for contingencies is $16722 This figure is similar to last month the monthly management was higher than anticipated but the program has shortened due to some better than expected advances in installation rates meaning less expense for project management

Provision for additional variations is necessary with the reduction in the available contingency through the scope extension to fund the private works including necessary electrical and plumbing upgrades

Attachment 1 is the cash flow document which shows the claims to date at $428242596 with the July claim $73519776 equals $501762372 (All GST INC) Financially 633 of the approved Ledonne contract (excluding the private works variation) has been paid to date

As per Attachment 3 the costs to develop the project to the tender award stage was $66448291 This included the cost of the external project managers design consultants land acquisition other professional services and internal project management costs Restart NSW funded $44378010 of these costs and Council funded $22070281

The remaining provision of up to $789833369 is to be funded by $6113220 from the Department of Planning Industry and Environment from the Safe and Secure Water Program and $178511379 from Council

Any additional costs will need to be met by Council

Uralla Shire Council will take on additional infrastructure as a result of the installation of thesystem This requires ldquoCapitalising of the Sewerage Assetsrdquo and inclusion in Councilrsquos AssetManagement system which will be depreciated as per normal Council accounting practises Theindividual lots will continue to be charged for the sewer connection as per Councilrsquos RevenuePolicy

Additional staffing will be required to undertake normal operations and maintenance work andhas been included in the 202122 Operational Plan and Budget Council staff will require up-skilling to monitor and operate the scheme There are some automated systems which provideremote warnings of systems which require maintenance

The sewer scheme will address the health and environmental risks for the Bundarra urbanenvironmentAttachment 4 Email - Response from Liz Hayes - LGNSW - Refund of Costs - Bundarra -Legal Advice Request

The project is planned to be completed in March 2022 Attachment 2 is a Gantt chart showingthe projected Milestone completions

Uralla Shire Council has a Project Manager assigned to this construction project Reporting iscarried out on a monthly basis to the Department of Planning Industry amp Environment Waterclaims are submitted in accordance with the Funding Deed specified Milestone Payments

The Section 67 approval by Uralla Shire Council will extend the work scope for the ProjectManager on this project both in surveillance and administration

Schedule A of the Funding Deed is attached as Attachment 3 for information showing thecapped funding from the NSW Government

Constructio

n of Bun

darra Sewerage

me ‐ R

FT 100

2Pre‐Co

nstructio

Thu 12

ard ‐23 Nov

00 days

are and Subm

it Managem

20 days

Fri 1812

are and Subm

Constructio

n Programme

11 days

n of Und

ertakings

11 days

n of Insurances

11 days

8Set u

p site compo

und ‐ site

establish

Tue 812

are and Subm

it Dilapidatio

15 days

Tue 812

10Principal Review and

tance8 days

Fri 80121

proval to

Constructio

n0 days

Fri 80121

12Procure HDP

E Pipe

Reticulation Network

40 days

Thu 27

3FS+25

13Procure Pressure Units

60 days

Thu 12

14Procure HDP

E Pipe

20 days

Tue 202

3FS+25

15Procure Package Pu

mp Station

50 days

Tue 16

3FS+25

16Procure Irrigation System

50 days

3FS+25

nstructio

18Mileston

e 1 ‐ STP

amp Irrig

System

164 da

Thu 26

19Staged

Preparatio

n of STP

incl te

mp access strip and

level site

26 days

20Staged

Bulk Excavatio

n of STP

48 days

1119SS+5

tailed Excavatio

Oxidatio

nd 1 (incl

section

intercon

necting pipe

face and

pact amp ro

ckbreaching as req

uired)

15 days

Fri 60821

20SS+15

- site

amp Ir

Detailed Excavatio

Oxidatio

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2602

tailed Excavatio

Maturation Po

nd 1 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 1203

Tue 10

tailed Excavatio

Maturation Po

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2603

tailed Excavatio

n of W

Storage Po

nd (incl tyne face

and lim

ecompact clay layer

irrigation inlet system amp

overflo

w pipe)

15 days

Fri 90421

Thu 12

26Strip

soil amp Level Irrig

5 days

Tue 903

Tue 18

19FS+15

27Irrigation Pu

ilding

ns amp Base Slab

5 days

Tue 16

28Steel Frame for B

uilding

5 days

Tue 23

5 days

Tue 30

ors amp

5 days

Tue 604

31Mech Elec Fito

ut Irrig

Building

40 days

Tue 13

Fri 90721

32Supp

ly amp Install Irrigation

System

incl rock excavatio

Tue 16

33System

Test Com

ioning

5 days

323125

34Final Trim

atters amp Site

storation

5 days

35Prep

are and subm

it Draft

amp Draft OampM

10 days

Fri 90721

Tue 17

36Principal Review

5 days

Tue 24

37Prep

are and Subm

it Final

OampM amp Quality Package

2 days

Thu 26

38Mileston

e 2 ‐ T

ransfer P

Station amp Rising Main

1545 da

Tue 709

125 HDP

E Risin

g Main ‐

STP Bd

y to SPS Site

40 days

Fri 60821

ns amp

rs amp

ly amp

l Trim

rs amp

Installatio

n of DN12

Creek Crossin

‐CH1

955 incl Con

Encase

5 days

Thu 508

39FS‐10

41Installatio

n of DN12

Creek Crossin

‐CH2

071 incl Con

Encase

2 days

Thu 508

42Installatio

n of Barom

3 days

43Package Pu

mp Station

Installatio

Thu 508

44Gravity Pipew

ork ‐ SPS Inlet

work‐‐gtInlet M

xy coated)‐‐gt

Barometric

10 days

Fri 60821

lve Pit incl Fito

ut3 days

Thu 20

46DICL SRM

ork incl

Bypass pit

5 days

rometric

p5 days

48Fail Safe Valve and

10 days

Fri 40621

nnectio

n to DN12

5 days

Tue 10

drostatic

Testin

7 days

Tue 10

Thu 19

51Supp

ly amp Install Con

duits and

oard Platform

24 days

Fri 2506

52Install Pum

p Station

Switchb

7 days

Tue 106

Fri 20721

mp Station Co

mmisisoning

10 days

Thu 508

54Prep

are and Subm

it Draft

amp Draft OampM

15 days

Fri 20721

Tue 24

55Principal Review

5 days

Tue 24

Tue 31

56Prep

are and Subm

it Final

5 days

Tue 31

Tue 709

57Mileston

e 3 ‐ O

n‐Prop

erty W

orks26

Tue 18

58Prep

are prop

erty aud

its docs

amp com

plete audits incl PCP

35 days

Fri 1308

l Fito

ly amp

Installatio

n of 167

No Single

Pump Pressure Units

includ

ing BK

ied lots

110 days

Thu 912

1113SS+15

days58SS

60Installatio

n 8 Du

al Pum

p Pressure Units

8 days

Thu 912

Tue 21

61Installatio

n of 168

dary Kits on vacant lots

70 days

Tue 29

Fri 51121

111358

62Installatio

n of Reticulation

Mains and

Sidelines to

undary Kits

90 days

63Installatio

n of DN63

emeer B

ridge incl

Brackets and

Lagging as re

15 days

drostatic

Testin

ticulation Mains

8 days

Fri 51121

616263

mmisisoning

of all Pressure

Sewer Units

20 days

Tue 21

Tue 18

66Prep

are and Subm

it Draft

amp Draft OampM

15 days

Thu 912

Thu 30

67Principal Review

5 days

Thu 30

Thu 601

68Prep

are and Subm

it Final

amp OampM

7 days

Thu 601

69Mileston

e 4 ‐ P

Tue 18

Tue 103

nnectio

n of 171

to new

Pressure Sewer

Network

30 days

Tue 18

Tue 103

655334

71Practical Com

pletion

0 days

Tue 103

st Con

struction Ac

tivities

73Prep

are and Subm

nnectio

n Diagrams

Tue 103

74Subm

it Final Q

A Package

Tue 103

mpletion

0 days

737468

amp PR

amp BK

es amp

ot amp

riatio

Milest

ce Req

nstlld

f of p

epartm

ted fo

nrurre

ing co

ntinge

ncy fu

ject i

ndi111

(furth

er cost

100 with

her cost

$56448

From Elizabeth HayesTo Nathalie HeatonSubject RE Uralla Shire Council | Refund of costs | Bundarra | Legal Advice RequestDate Wednesday 21 July 2021 115842 AMAttachments image001png

Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123pdf

Hi Nathalie

You have asked if Uralla Shire Council (USC) is able to reimburse persons who carried out sewerageworks at their own cost This question has come about because USC resolved

That CouncilI enter into agreements with the owners of the assets on the Bundarra properties thatare expected to connect to the Bundarra Sewer Scheme (currently under construction) toundertake the necessary electrical and plumbing upgrades (the private works) necessary toallow the connection to take placeII not charge the Bundarra property owners for the private works by setting the fee for theworks at $000III authorise the private works costs to be met from the current project budget andIV receive a report in accordance with the requirements of section 67 (4) of the LocalGovernment Act 1993 (NSW) subsequent to the works being completedV include details or a summary of any resolutions made under section 67 for work carried outunder subsection (2)(b) of the Act in the next annual report andVI seek legal advice to determine if there is any permissible method for Council to pay for theprivate works that may have been undertaken by the owners of the assets since the Councilrsquosletter to residents 8 April 2021 to the date of this resolution and report back to Council

In summary my view is that the council cannot reimburse the owners of the assets for the workundertaken by those owners at their own expense The reason that I hold this view is set out below

Ability of the council to carry out private worksThere is no provision in the Local Government Act 1993 (LG Act) or the Regulation that allows acouncil to reimburse landowners for work carried out on their property and paid for by the owners Iassume this work was contracted by the landowners and that council was not involved in thosecontractual arrangements

As you know section 67 of the LG Act does provide for councils to carry out private works for which itcharges a fee if that fee is determined by resolution of the council at an open meeting before thework is carried out However it does not allow a council to reimburse the landowner

There is a decision of the Court of Appeal that considered whether a council has a general power tocontract to fix fees In that decision Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123the court in dismissing the appeal found that

(1) Councils ldquogeneral power to contractrdquo did not empower it to charge fees outside themechanisms established by Chapter 15 Part 10 of the Local Government Act at [45]-[66]

(a) The structure of the Act as a whole the importance given to exhibition and consultationand the similar treatment of rates and charges on the one hand and fees for services on theother tended against Councils submission [that the method of imposing fees was notmandatory and that other mechanisms could be used to charge fees] at [45]-[49]

(b) Both the Mount Panorama Motor Racing Act 1989 (NSW) and the Local Government Act1993 (NSW) expressly qualified Councilrsquos powers to contract at [53]-[59]

ATTACHMENT 159 44

Court of Appeal

Supreme Court

New South Wales

Case Name Adrenaline Pty Ltd v Bathurst Regional Council

Medium Neutral Citation [2015] NSWCA 123

Hearing Date(s) 31 March 2015 final submissions received 14 April

Decision Date 11 May 2015

Before Macfarlan JA at [1]

Ward JA at [2]

Leeming JA at [3]

Decision 1 Grant leave to the respondent to rely on ground 1B of

its proposed Amended Notice of Contention dated

1 April 2015 and direct the Council to file within 7 days

an Amended Notice of Contention in accordance with

that leave

2 Appeal dismissed

Catchwords APPEALS - notice of contention - whether respondent

permitted to raise defences not run at trial - Council not

permitted to run defences of causation or change of

position - Council permitted to run defence of good

consideration - whether question of law which was not

fully argued not determined by primary judge and not

necessary to decide should be decided

LOCAL GOVERNMENT - power to fix fee for services -

whether Council obliged to comply with Chapter 15 Part

10 of Local Government Act 1993 (NSW) when entering

into contract for holding of motor racing events -

whether general power to contract - Mount Panorama

Motor Racing Act 1989 (NSW) - Council obliged to

comply with Local Government Act

RESTITUTION - recovery of money paid under mistake

- defence of good consideration - appellant not entitled

to recover payments made having received the

consideration for which it had bargained - Ovideo

Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd

[2006] VSCA 6 V ConvR 54-713 followed

STATUTORY CONSTRUCTION - multiple sources of

power - where some sources of power expressly

qualified - Anthony Hordern principle - relevance of

belief of Council officers - relevance of text and

structure of Act

Legislation Cited Interpretation Act 1987 (NSW) s 50

Local Government Act 1993 (NSW) ss 8 21-24 67

67A 67B 220 377 402 404 405 608 610 610B

610C 610D 610F 611 729

Local Government Amendment (Legal Status) Act 2008

Local Government Amendment (Planning and

Reporting) Act 2009 (NSW)

Mount Panorama Motor Racing Act 1989 (NSW) ss 5

Poor Relief Act 1601 (Eng)

Recovery of Imposts Act 1963 (NSW) ss 2 4 5

Retail Tenancies Reform Act 1998 (Vic) s 8

Supreme Court Act 1970 (NSW) s 75A

Cases Cited Anthony Hordern amp Sons Ltd v Amalgamated Clothing

and Allied Trades Union of Australia (1932) 47 CLR 1

Armstrong v Boulton [1990] VR 215

Attorney General of New South Wales v Homeland

Community Ltd [2015] NSWCA 15

Baulkham Hills Shire Council v Wrights Road Pty Ltd

[2007] NSWCA 152 153 LGERA 219

Bayside City Council v Telstra Corporation Ltd [2004]

HCA 19 216 CLR 595

Burwood Council v Ralan Burwood Pty Ltd (No 3)

[2014] NSWCA 404 206 LGERA 40

Carr v Thomas [2009] NSWCA 208

Cassegrain v Gerard Cassegrain amp Co Pty Ltd [2015]

HCA 2 89 ALJR 312

Environment Protection Authority v Condon as

Liquidator for Orchard Holdings (NSW) Pty Ltd (in liq)

[2014] NSWCA 149 86 NSWLR 499

Falkenberg v City of Hamilton [1987] VR 65

Ford v Perpetual Trustees Victoria Ltd [2009] NSWCA

186 75 NSWLR 42

Harding v Coburn [1976] 2 NZLR 577

John Holland Pty Ltd v Industrial Court of New South

Wales [2010] NSWCA 338

Marrickville Metro Shopping Centre Pty Ltd v

Marrickville Council [2010] NSWCA 145 174 LGERA

Meriton Apartments Pty Ltd v Council of the City of

Sydney (No 3) [2011] NSWLEC 65 80 NSWLR 541

Minister for Immigration and Citizenship v SZKTI [2009]

HCA 30 238 CLR 489

Newcrest Mining (WA) Ltd v The Commonwealth [1997]

HCA 38 190 CLR 513

Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty

Ltd [2006] VSCA 6 V ConvR 54-713

Peregrine Mineral Sands Pty Ltd v Wentworth Shire

Council [2014] NSWCA 429

Plaintiff S42014 v Minister for Immigration and Border

Protection [2014] HCA 34 88 ALJR 847

Project Blue Sky Inc v Australian Broadcasting

Authority [1998] HCA 28 194 CLR 355

Sanpine v Koompahtoo Local Aboriginal Land Council

[2005] NSWSC 365

Smith v Wyong Shire Council [2003] NSWCA 322 132

LGERA 148

The Great Gulf Company v Sutherland (1873) AJR 164

Vanmeld Pty Ltd v Fairfield City Council [1999] NSWCA

6 46 NSWLR 78

VAW (Kurri Kurri) Pty Ltd v Scientific Committee [2003]

NSWCA 297 58 NSWLR 631

Texts Cited Mason and Carterrsquos Restitution Law in Australia (2nd

ed LexisNexis Butterworths 2008)

Category Principal judgment

Parties Adrenaline Pty Ltd (Appellant)

Bathurst Regional Council (Respondent)

Representation Counsel

G Sirtes SC with R White (Appellant)

B Coles QC with JE Thomson (Respondent)

Solicitors

Horton Rhodes Lawyers (Appellant)

McIntosh McPhillamy amp Co (Respondent)

File Number(s) 2014162776

Decision under appeal

Court or Tribunal Supreme Court of New South Wales

Citation [2014] NSWSC 690

Date of Decision 30 May 2014

Before Darke J

[Note The Uniform Civil Procedure Rules 2005 provide (Rule 3611) that unless the Court otherwise orders a judgment or order is taken to be entered when it is recorded in the Courts computerised court record system Setting aside and variation of judgments or orders is dealt with by Rules 3615 3616 3617 and 3618 Parties should in particular note the time limit of fourteen days in Rule 3616]

HEADNOTE

[This headnote is not to be read as part of the judgment]

The respondent Council was authorised by the Minister for Sport to enter into

contracts or arrangements in relation to the holding of motor events at Mount

Panorama Motor Racing Circuit in accordance with the Local Government Act

1993 (NSW) In 2007 Council entered into a five year agreement with the

appellant pursuant to which the appellant paid an annual fee in the order of

$250000 to use the circuit for 5 days each December During the term of the

agreement the appellant commenced proceedings alleging breach of contract

misleading and deceptive conduct and rectification After the agreement had

concluded the appellant amended its pleadings so as to seek the recovery of

the fees on the basis that it had paid them under the mistaken belief that the

Council had been authorised to enter into the agreement It was common

ground that if Chapter 15 Part 10 of the Local Government Act applied it had

not been complied with

The primary judge dismissed the proceedings finding that Council had a

general power to contract in connection with the exercise of its functions not

governed by the Local Government Act The appeal was confined to the claim

for the recovery of fees paid under mistake

Held dismissing the appeal

(1) Councils ldquogeneral power to contractrdquo did not empower it to charge fees outside the mechanisms established by Chapter 15 Part 10 of the Local Government Act at [45]-[66]

(a) The structure of the Act as a whole the importance given to exhibition and consultation and the similar treatment of rates and charges on the one hand and fees for services on the other tended against Councils submission at [45]-[49]

(b) Where a statute confers a power subject to qualifications and conditions general provisions are read as subject to those qualifications and conditions at [50]-[52]

Anthony Hordern amp Sons Ltd v Amalgamated Clothing and Allied

Trades Union of Australia (1932) 47 CLR 1 Plaintiff S42014 v

Minister for Immigration and Border Protection [2014] HCA 34

88 ALJR 847 applied

(c) Both the Mount Panorama Motor Racing Act 1989 (NSW) and the Local Government Act 1993 (NSW) expressly qualified Councilrsquos powers to contract at [53]-[59]

Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council

[2014] NSWCA 429 applied

(d) The significance of the fact that Council officers believed that they were complying with Chapter 15 Part 10 considered at [60]-[64]

(e) The track hire fees were fees for services to which Chapter 15 Part 10 applied at [65]

(2) The appellant received good consideration for the fees paid by it at [78]-[86]

Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd [2006]

VSCA 6 V ConvR 54-713 Mason and Carterrsquos Restitution Law in

Australia (2nd ed LexisNexis Butterworths 2008) followed

(3) Council was permitted by Notice of Contention to rely upon a defence of good consideration but not on defences of change of position or causation [76]-[77] [87]-[88]

Ford v Perpetual Trustees Victoria Ltd [2009] NSWCA 186 75 NSWLR

42 followed Cassegrain v Gerard Cassegrain amp Co Pty Ltd [2015] HCA

2 89 ALJR 312 Attorney General of New South Wales v Homeland

Community Ltd [2015] NSWCA 15 applied

(4) Consideration of when a question of law arising on an appeal ought not be decided [74]-[75]

Environment Protection Authority v Condon as Liquidator for Orchard

Holdings (NSW) Pty Ltd (in liq) [2014] NSWCA 149 86 NSWLR 499

followed

(5) Sections 2 4 and 5 of the Recovery of Imposts Act 1963 (NSW) Baulkham Hills Shire Council v Wrights Road Pty Ltd [2007] NSWCA 152 153 LGERA 219 and Carr v Thomas [2009] NSWCA 208 considered [67]-[73]

JUDGMENT

1 MACFARLAN JA I agree with Leeming JA

2 WARD JA I agree with Leeming JA

3 LEEMING JA Between 2007 and 2011 the appellant conducted an annual

motor racing event at the Mount Panorama Motor Racing Circuit in

accordance with the provisions of a five year agreement struck with the

respondent Council Each year it paid a fee in the order of $250000 for the

right to use the circuit together with a suite of ancillary services to support the

event The appellant claimed that it was entitled to be repaid the amounts it

had paid because mistakenly it had believed that the Council had complied

with its statutory obligations in setting the fee Council succeeded at trial on the

basis that the fees paid by the appellant stood outside the regimes established

by the Local Government Act 1993 (NSW) governing the fixing of fees with

which it had not complied

4 For the reasons which follow I have accepted the appellantrsquos submission that

the primary judge was wrong to reach that conclusion However I have

concluded that the appeal should be dismissed because the appellant

received good consideration for the fees it paid

Background

5 The appellant was formerly known as Trackcorp Adrenalin Pty Ltd and earlier

still was called Trackcorp Pty Ltd I shall refer to it as Trackcorp On around

25 October 2007 Trackcorp entered into a ldquoTrack Hire Agreementrdquo with the

respondent Council to conduct racing events on Mount Panorama Motor

Racing Circuit The Councilrsquos General Manager executed the agreement for

and on behalf of the Council His authority to do so was in issue as was the

power of the Council to recover track hire fees from Trackcorp in accordance

with the Track Hire Agreement In order to explain how that came about it is

necessary to turn to the legislative amendments which made the Track Hire

Agreement possible

The amendment of the Mount Panorama Motor Racing Act 1989

6 The Track Hire Agreement only became possible following amendments to the

Mount Panorama Motor Racing Act 1989 (NSW) made in 2006 increasing the

maximum number of motor sport events permitted each year from two (known

as the Bathurst 1000 and Bathurst 12 hour events) to five That Act now

permits the Council (and no other person) to apply to the Minister for a permit

to hold a meeting for motor racing at the land designated by an order published

in the Government Gazette (the land is wholly within the Councilrsquos local

government area)

7 A permit may authorise the Council to regulate or prohibit the use of or

temporarily close any road or road related area that is part of the circuit

s 5(2)(d) A permit may not be issued unless the Minister is satisfied that

satisfactory arrangements had been made or would be made by Council with

owners and occupiers of land that is part of the circuit s 5(3) Two important

powers could be conferred on Council if a permit were issued Section 5(2)(b)

and (c) provided that a permit may (emphasis added)

ldquo(b) authorise the Council (in accordance with the Local Government Act 1993) to enter into contracts or arrangements with persons or bodies in relation to the holding of the meeting or events and

(c) authorise the Council (in accordance with the Local Government Act 1993) to enter into contracts or arrangements with the owners and occupiers of land that is part of the Mount Panorama Circuit for the purposes of or in connection with the holding of the meeting or eventsrdquo

8 Section 11 provided

ldquoNothing in this Act or the regulations limits or affects any rights of a person who is an owner or occupier of land that is part of the Mount Panorama Circuit (other than public land) arising because the person is the owner or occupier of the landrdquo

9 Consistently with s 11 there was evidence that Council had spent large

amounts of money upgrading the track and surrounds and taken steps ldquoto

ensure that as many residences as possible that required the circuit for access

would have alternative access routesrdquo

10 In due course permits were obtained by Council for each of the events held in

December 2007 ndash 2011 The first was not obtained until after the Track Hire

Agreement had been executed although no party sought to make anything of

The Track Hire Agreement

11 The Track Hire Agreement entitled Trackcorp to the use of the track land and

facilities to operate an ldquoEventrdquo lasting some five days each December It was

not merely a licence of the circuit itself The Track Hire Agreement specified a

long list of inclusions (such as the use of the media centre control tower fuel

compound pit complex and areas and facilities for spectators) (For clarity

there was also a list of excluded services such as marshals fire vehicles and

certain specified buildings in the vicinity) The Track Hire Agreement had a

term of five years with an option It specified a ldquonegotiated feerdquo of $247178

and escalating fees for the succeeding four years At the time the agreement

was entered into 50 of the first yearrsquos fees had already been paid

12 Trackcorp and Council agreed to a reduced fee for the second year of

$223850 (down from $255829) The reduced fee was approved by Council at

a meeting of councillors on 20 August 2008 However it was asserted by

Trackcorp that the original agreement fell outside of the scope of the

agreement which the Councilrsquos general manager could lawfully execute an

argument based on s 377(1)(e) of the Local Government Act Trackcorp also

maintained that neither the original fee nor the reduced fee had been exhibited

so as to permit members of the public to make submissions on them such that

there was no power to determine it That submission was based on the

provisions of Part 10 of Chapter 15 of the Local Government Act The

legislation underlying these submissions is reproduced below

The evolution of Trackcorprsquos proceedings at first instance

13 After the first and second racing events Trackcorp commenced proceedings in

the Equity Division of this Court seeking a range of relief all of which was

consistent with the contract remaining on foot It is not necessary to summarise

Trackcorprsquos claims in any detail Trackcorprsquos claims included that there had

been a breach of an exclusivity clause under the agreement when other motor

sport events were conducted on the circuit that there was an implied term or a

precontractual representation that any other promoter would be charged the

same fees and that Council had breached a duty of care owed to it It also

sought rectification Nevertheless Trackcorp continued to pay fees and

conduct race meetings in accordance with the agreement as amended in the

third fourth and fifth years

14 In August 2012 after a breakdown of negotiations relating to the option the

pleadings were amended to include a claim that Council had breached an

obligation to negotiate in good faith and most relevantly for the purposes of

this appeal a restitutionary claim seeking the following relief

ldquoA declaration that the plaintiff paid the fees set out in the lsquoSchedule of Negotiated Feesrsquo in the Agreement upon a mistake

An order that the defendant pay to the plaintiff money had and received by the defendant to the use of the plaintiffrdquo

15 The pleading supporting those prayers for relief was quite confined Trackcorp

alleged that to the extent that Council was entitled to impose a fee it was

subject to compliance with the provisions of the Local Government Act

including ss 405 and 610 and that the Council could not by reason of

s 377(1)(e) delegate the power of fixing a fee as had occurred in the Track

Hire Agreement but was required to determine the fee itself It was also

alleged that there had not been any public notice or submissions in relation to

the fees In the premises Trackcorp alleged that it had paid fees for track hire

under a mistake that they had been determined ldquoproperly lawfully and in

accordance with the Local Government Act and the defendant was duly

authorised to impose such feesrdquo and that it was entitled to restitution of the

fees paid

16 The defence was even more concise All allegations were denied and it was

said in addition that Council was ldquoentitled to and did require payment of the

track hire fees as a contractual rightrdquo under the contract and the subsequent

variation and that Council had approved all fees charged It also alleged that

the claim was ldquoprecluded by sections 42 43 43A 44 andor 46rdquo of the Civil

Liability Act 2002 (NSW)

17 Trackcorprsquos reply said correctly that its claim for restitution was not a claim to

which any of those provisions of the Civil Liability Act applied No reliance was

placed on these provisions on appeal

18 Although Council enthusiastically embraced a suite of statutory defences under

the Civil Liability Act no defence based on s 729 of the Local Government Act

was alleged Nor did Council rely on ss 2 4 or 5 of the Recovery of Imposts Act

1963 (NSW) Nor did Council allege by way of defence that it had changed its

position or that Trackcorp had passed on the fees or that it had given good

consideration for the use of the circuit over the previous five Decembers and

so there was no occasion for Trackcorp to respond to those potential answers

to its claim

The course of the trial

19 Despite its pleaded denials by the conclusion of the trial over eight days in

November 2013 and February 2014 Council in substance accepted that it had

not complied with the provisions of Part 10 of Chapter 15 of the Local

Government Act In accordance with its pleaded defence it contended that it

could rely on another power to enter into the Track Hire Agreement ndash a general

power to enter into contracts It also asserted that the land was operational

land with which it was free to deal Councilrsquos essential submission may be

seen from what was said by senior counsel then appearing for it in final

address

ldquoWhat we submit is that fees in Chapter 15 have nothing to do with consideration that may be charged in agreements entered into under the general contractual power particularly anything in relation to operational landrdquo

20 His Honour asked whether if Councilrsquos non-compliance with Chapter 15 made

the fees unenforceable ldquois that the end of the analysis in circumstances where

the contract has been performedrdquo There was this exchange

ldquoHIS HONOUR Itrsquos not a question of the council seeking to enforce the contract yoursquove obtained the money itrsquos really a question of entitlement to get it back

RAYMENT To get it back for a mistake And we submit not not after itrsquos been performed

HIS HONOUR Irsquom not sure precisely what the answer is on that but it does seem to me that there is more analysis requiredrdquo

21 The issue was also agitated in closing submissions in reply

ldquoHIS HONOUR [A]s I was saying to Mr Rayment a bit earlier you say that the contract was unenforceable because of the illegal imposition of the fee

SIRTES Yes your Honour

HIS HONOUR Itrsquos not a question of enforcing the contract itrsquos a question of whether you have an entitlement to as it were a disgorgement of the fee

SIRTES Quite so

HIS HONOUR And is a quantum meruit in that situation really a cross-claim matter or is it a defence Irsquom not sure I am not sure because doesnrsquot David Securities v Westpac and those cases say there is a prima facie right to be repaid where the money is paid under a mistake but itrsquos only a prima facie right and it depends on the justice of the caserdquo

His Honour was with respect correct that more analysis was required than

had been provided by either party In this respect his Honour was not well

assisted by the submissions he received

The judgment of the primary judge

22 His Honour delivered a lengthy judgment of 280 paragraphs in May 2014

dismissing the whole of Trackcorprsquos claims for relief Trackcorp has appealed

as of right but only upon one aspect of its claim its alleged entitlement to a

refund of moneys paid under a mistake

23 The primary judge found uncontroversially that the track hire fees had not

been determined in accordance with the financing provisions of Chapter 15

Part 10 of the Local Government Act at [275] It is not entirely clear whether

his Honour expressed a view on the other pleaded aspect of Trackcorprsquos claim

that Councilrsquos general manager was not authorised to execute the Track Hire

Agreement On the approach his Honour took the point did not require

decision and it was complicated by the variation to the Track Hire Agreement

in 2008 reducing track hire fees which was approved at a meeting of

Councillors It will not be necessary for the purposes of this appeal to address

this issue

24 His Honour then recorded (at [276]-[277]) the submissions of Council that the

circuit was operational land not community land that the provisions of Chapter

15 Part 10 were not Councilrsquos only source of power that the provisions of

Chapter 6 of the Local Government Act contemplated that a council might enter

into a licence of public land that a council had ldquoa general powerrdquo to contract by

references to ss 8 and 21-23 of the Local Government Act and s 50(1)(e) of the

Interpretation Act 1987 (NSW) and that it would be absurd for Council to have

to advertise fees each year even if otherwise governed by a long term

contract

25 The dispositive paragraphs of his Honourrsquos reasons broadly accepting

Councilrsquos submissions were at [278]-[279]

ldquoI do not think that the track hire fees under the Agreement are governed by the provisions of Part 10 of Chapter 15 of the Act The Council has not sought to rely upon those provisions as the source of power to charge the fees It is true that the Council in its annual statement of revenue policy for the 2007 2008 year (which is required pursuant to ss 402 and 404 of the Act) refers to circuit hire in the schedule of fees and charges However for lsquoFull Circuit Closurersquo the amount of the fee is not stated as would be required by s 404(1) of the Act if the fee is a fee to which Division 3 of Part 10 of Chapter 15 of the Act applies Instead a per day minimum fee is shown together with the statement lsquoactual fees on negotiationrsquo

I further accept Mr Rayments submission that Part 10 of Chapter 15 of the Act is not the only source of power available to the Council to charge the track hire fees That is so in my view regardless of whether the fees are characterised as a fee for service so as to be capable of being dealt with under Part 10 of Chapter 15 of the Act As shown by the provisions of Chapter 6 of the Act a council has the power to deal with its public land including by way of agreements for licence There is no suggestion that the Agreement falls foul of any relevant restriction found within Chapter 6 of the Act Moreover the Council has the general power to contract in connection of the exercise of its functions In my opinion the Council had the power to enter into the Agreement with Trackcorp which included the provision requiring Trackcorp to pay track hire fees each year throughout the term of the Agreement I do not accept the asserted basis of the claim for restitution and that claim must therefore failrdquo

26 Much of the difficulty associated with the hearing of the case on appeal is a

consequence of the fact that the only claim the subject of appeal was but one

relatively minor claim among many advanced and rejected at trial The relative

insignificance of this aspect of the case is reflected in the fact that it was a tiny

fraction of Trackcorprsquos closing written submissions (11 paragraphs in a

document exceeding 240 paragraphs) and Councilrsquos written response (less

than a page) Trackcorprsquos claim was rejected by the primary judge in 6

paragraphs ([274]-[279]) of a judgment of 280 paragraphs Thus a point which

was regarded by the parties over a long trial as relatively minor has expanded

on appeal into a full dayrsquos hearing preceded by full submissions and followed

by 26 pages of submissions supplied on 9 and 14 April 2015 in accordance

with directions made at the conclusion of the hearing

Issues on appeal

27 Trackcorp appealed challenging the reasoning of the primary judge

reproduced above dismissing its restitutionary claim

28 Councilrsquos approach on appeal was different from the way the trial had been

defended As at first instance it accepted that there was non-compliance with

Chapter 15 Part 10 and maintained it was not necessary to do so However

Council made no attempt to substantiate the submission relating to the circuit

being ldquooperational landrdquo on appeal It disavowed reliance on Chapter 6 Its

main answer was that there was a general contractual power It also said that

the track hire fees were not fees for services and that Part 10 of Chapter 15 did

not apply where as here the fees had been negotiated

29 Council submitted that parts of Trackcorprsquos appeal impermissibly extended

beyond its case at trial It will not be necessary to examine the details of this

Trackcorprsquos essential submission which for the reasons which follow I have

accepted was essentially that advanced at first instance and was not

contended to be impermissibly outside the scope of its appeal

30 By its original notice of contention filed together with its submissions in

December 2014 Council identified two further bases for upholding the

judgment The first was that the failure to set fees in accordance with Part 10 of

Chapter 15 did not have the consequence that the ldquoinvoicing and receipt of

such fees by the respondent was ultra vires void for illegality or on the grounds

of public policyrdquo The second was that Trackcorprsquos claim was precluded ldquoby

reason of the irreversible detriment suffered by the respondent in facilitating

and permitting the appellant to hold its annual Events on the faith of the

efficacy of the payments received and by treating the payments received from

the appellant as revenue of the respondentrdquo

31 Viewed as a matter of substance the second basis was a defence of change of

position and indeed Councilrsquos written submissions expressly invoked that

defence Trackcorp said in reply that this should not be permitted to be agitated

on appeal

32 When the appeal was heard Councilrsquos argument ranged more broadly and it

became plain that Council wished to defend the decision on bases wider than

those contained in its notice of contention Directions were made for the

service of a draft amended notice of contention and for written submissions on

the new issues Further on 1 April 2015 (the day after judgment was reserved)

the Court brought the decision in Ovidio Carrideo Nominees Pty Ltd v The Dog

Depot Pty Ltd [2006] VSCA 6 V ConvR 54-713 at [33] to the partiesrsquo attention

and invited submissions to be made in relation to it

Councilrsquos ldquogeneral contractual powerrdquo did not permit it to charge fees outside of the provisions of the Local Government Act

33 Council asserted that the fee contained in the Track Hire Agreement was one

which had been struck by negotiation between it and Trackcorp and for that

reason was outside the scope of Chapter 15 Part 10 Senior counsel for the

Council who had not appeared at trial accepted that he could point to no

authority supportive of the proposition

34 Councilrsquos main submission is not merely unsupported by authority To

anticipate what follows it is contrary to the text of the Local Government Act

and the Mount Panorama Motor Racing Act It is also contrary to basal

principles of statutory construction and of local government And it is contrary

to the reasoning in this Courtrsquos recent decision in Peregrine Mineral Sands Pty

Ltd v Wentworth Shire Council [2014] NSWCA 429

Legislation governing councilsrsquo financing and accountability

35 I start with the legislative regime The Local Government Act contains

elaborate provisions regulating the financial management and accountability of

all local councils Chapter 13 which is titled ldquoHow are councils made

accountable for their actionsrdquo is of general application it ldquoapplies to the

functions conferred or imposed on a council by or under this or any other Act or

lawrdquo that would include functions conferred by a permit issued under the

Mount Panorama Motor Racing Act

36 In the form the statute took in 2007 and 2008 Council was required to prepare

a draft management plan with respect to its activities for at least the next

3 years and its revenue policy for the next year s 402 In 2007 and 2008

s 404 provided that the draft management plan must subject to the

regulations include a statement with respect to the Councilrsquos revenue policy as

follows

ldquo[A] statement of the councilrsquos proposed pricing methodology for determining the prices of goods and the approved fees under Division 2 of Part 10 of Chapter 15 for services provided by it being an avoidable costs pricing methodology determined by the council in accordance with guidelines issued by the Director-Generalrdquo

37 Public notice was required to be given of the draft management plan for a

period of not less than 28 days specifying that submissions could be made

s 405 A management plan must be adopted by council before the end of each

year and only after considering the submissions made following the exhibition

of the draft plan The powers to fix a fee and adopt a management plan could

not be delegated s 377(1)(e) (j)

38 The regime changed with effect from 1 October 2009 following amendments

made by the Local Government Amendment (Planning and Reporting) Act

2009 (NSW) The ldquodraft management planrdquo was replaced by ldquodelivery programrdquo

and a ldquodraft operational planrdquo and the express requirement to include revenue

policy was removed However the obligation to exhibit and receive

submissions which were required to be taken into account before the ldquofinal

operational planrdquo was adopted remained

39 A large proportion of councilsrsquo revenues is derived from rates and charges

which are compulsory exactions and subject to more elaborate regulation in

the Local Government Act ndash see Parts 1-9 of Chapter 15 Councilsrsquo rating

powers have a very lengthy history ultimately deriving from the Poor Relief Act

1601 (Eng) as considered by Murphy J in Falkenberg v City of Hamilton [1987]

VR 65 at 71-72 However councils also derive revenue from fees for services

provided by them These are regulated by Divisions 1-3 of Part 10 of Chapter

15 (Anomalously Part 10 includes Division 4 which comprised at relevant

times a single section s 611 authorising councils to impose an annual charge

on rails pipes wires cables and other structures in public places - this was the

section relied on by the New South Wales councils in Bayside City Council v

Telstra Corporation Ltd [2004] HCA 19 216 CLR 595 to impose charges on the

broadband cabling erected by Telstra and Optus in the mid-1990s)

40 Division 2 is headed ldquoCouncil fees for business activitiesrdquo and Division 3 is

headed ldquoCouncil fees for non-business activitiesrdquo Section 610C (within Division

3) provides that ldquo[t]his Division applies to a fee for a service other than a fee to

which Division 2 appliesrdquo It was not suggested that Division 2 applied Section

610D (which is also in Division 3) provides

ldquo610D How does a council determine the amount of a fee for a service

(1) A council if it determines the amount of a fee for a service must take into consideration the following factors

(a) the cost to the council of providing the service

(b) the price suggested for that service by any relevant industry body or in any schedule of charges published from time to time by the Department

(c) the importance of the service to the community

(d) any factors specified in the regulations

(2) The cost to the council of providing a service in connection with the exercise of a regulatory function need not be the only basis for determining the approved fee for that service

(3) A higher fee or an additional fee may be charged for an expedited service provided for example in a case of urgencyrdquo

41 Section 610F reinforces the transparency of the fee-setting process In 2007

and 2008 subsections (1) and (2) provided

ldquo(1) A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice

(2) Public notice of the amount of a proposed fee must be given (in accordance with section 405) in the draft management plan for the year in which the fee is to be maderdquo

(In 2009 the reference to ldquodraft management planrdquo was replaced by ldquodraft

operational planrdquo)

42 Subsection (3) provided speaking generally that a fee could be charged for a

new service so long as notice had been given for at least 28 days of the

proposed fee Subsection (4) permitted special fees in relation to filming

proposals ldquoif that fee is consistent with a scale or structure of fees set out in a

filming proposalrdquo

43 A fee which was determined by Council in accordance with Division 2 or 3 was

an ldquoapproved feerdquo

Councilrsquos submissions and the reasons for rejecting them

44 Acknowledging all of that and the fact that it had not complied with those

provisions if they applied to the track hire fees imposed pursuant to the Track

Hire Agreement Council submitted that they were not mandatory As it was put

orally

ldquo[T]hat is one method in our submission whereby return or reward or fees for services may be set and enforced but it does not on its face in our respectful submission exclude the entitlement of the council to charge for matters which may include fees if the mechanism whereby those fees are derived is through a process of negotiation and consensual process In other words this is not the exclusive mechanism for the council being entitled to perform a service and charge money for it if somebody wants to agree with itrdquo

45 There are many reasons for not accepting that submission The first indication

to the contrary is that the text and structure of Divisions 1 2 and 3 of Part 10

on their face are made applicable to all fees Council submitted to the contrary

It pointed to the words ldquoif it determines the amount of a fee for a servicerdquo in

s 610D and described Division 3 as facultative as opposed to the mandatory

regime in Division 2 It was put thus in written submissions

ldquoThus fees captured by Division 2 must be set in accordance with s 610B But other fees for services may be set under Division 3 but only if the Council determines to set a fixed amount and follows the procedures to give lsquopublic notice of the amountrsquo set out in s 610Frdquo (original emphasis)

46 That submission must be rejected The Act needs to be read as a whole and

Councilrsquos submission gives what I regard as a strained construction to one

provision without regard to the rest It is quite plain that Divisions 2 and 3 of

Part 10 of Chapter 15 exhaust the universe of fees which Council may impose

Councilrsquos submission to the contrary pays no regard to the generality of s 608

which is in Division 1 headed ldquoCouncil fees for servicerdquo and provides that ldquo[a]

council may charge and recover an approved fee for any service it provides rdquo

Councilrsquos submission also ignores s 610C Section 610C makes it plain beyond

argument that any fee to which Division 2 does not apply is governed by

Division 3

47 The second indication to the contrary is the provision for exhibition and

consultation Spigelman CJ observed (in the context of formulating local

environmental plans) that ldquothe detailed scheme of consultation and public

exhibition indicates the significance attached by Parliament to such public

involvement in order to ensure the integrity of the processrdquo Smith v Wyong

Shire Council [2003] NSWCA 322 132 LGERA 148 at [59] see also Vanmeld

Pty Ltd v Fairfield City Council [1999] NSWCA 6 46 NSWLR 78 at [37]-[38]

Those considerations are regularly invoked in a Project Blue Sky analysis but

they likewise undermine the Councilrsquos submission

48 There are further textual indications tending against Councilrsquos submission One

may be seen in the express power to reach an agreement between council and

the owner or occupier of private land to carry on work in s 67 Another may be

seen in the express provision in ss 67A and 67B to remove graffiti work either

by agreement with the owner or occupier or unilaterally so long as it may be

carried out from a public place and the council bears the cost of doing so In

contrast the carrying out of graffiti removal work pursuant to agreement with

the owner is governed by the regime in Division 2 of Part 10 of Chapter 15 and

the fee to be charged accordingly must be determined either (a) in accordance

with a pricing methodology adopted by the council in its management plan or

(b) adopted by council by a determination made by a resolution at an open

meeting s 610B That is to say even when the Local Government Act confers

a power in terms upon councils to reach an agreement or arrangement with a

landowner the price it can charge for work performed by it remains subject to

Part 10 of Chapter 15 To that extent at least the ldquogeneral power to contractrdquo

cannot permit a council to escape the statutory restrictions upon it Why ever

would the position be any different in the case of track hire fees

49 The next two matters are basal The Local Government Act distinguishes rates

and charges (which are compulsory exactions and therefore conventionally

regarded as taxes) and fees for services A person such as a landowner has

no choice but to pay a rate on his or her land or a charge (for example for

sewerage or waste collection) but may have a choice to pay the fee for a

service provided by a council True it is that the ldquochoicerdquo may in any particular

case be more or less real People may for example more or less readily

choose to use (and pay a fee) or else not to use a councilrsquos swimming pool or

community hall On the other hand a developer may have little practical choice

but to pay fees for work zones (so as to use part of a road for construction

purposes - typically loading or unloading construction materials) see Meriton

Apartments Pty Ltd v Council of the City of Sydney (No 3) [2011] NSWLEC 65

80 NSWLR 541 In both cases Council is providing a service ndash the temporary

use of public land and facilities ndash for which it charges a fee Yet the Local

Government Act imposes substantially the same level of transparency and

consultation upon all fees for services as is imposed on rates and charges

Both forms of revenue were required to be included in a draft management

plan Both were required to be exhibited Neither rates and charges nor fees

for services could be imposed until submissions following the exhibition of the

draft proposal had been considered by Council Section 377(1) prevented

Council from delegating its powers to make rates and charges and to fix a fee

All this tells against Councilrsquos submissions that it is freed from the constraints of

Part 10 of Chapter 15 of the Local Government Act when it comes to services

provided by it more or less consensually In short fees for services are

regulated in essentially the same way as rates and charges even though the

latter are compulsive and the former are in a sense consensual

50 It is also a basal principle of construction that when statute confers a power

subject to qualifications and conditions general expressions in the statute are

to be read as subject to those qualifications and conditions The basic

approach was stated by Gavan Duffy CJ and Dixon J in Anthony Hordern amp

Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932)

47 CLR 1 at 7

ldquoWhen the Legislature explicitly gives a power by a particular provision which prescribes the mode in which it shall be exercised and the conditions and restrictions which must be observed it excludes the operation of general expressions in the same instrument which might otherwise have been relied upon for the same powerrdquo

51 The principle has been applied on many occasions such that it must be taken

to be appreciated by the Legislature The joint judgment in Plaintiff S42014 v

Minister for Immigration and Border Protection [2014] HCA 34 88 ALJR 847

referred at [43] to what had become known as the Anthony Hordern principle to

the effect that

ldquo[A]n enactment in affirmative words appointing a course to be followed usually may be understood as importing a negative namely that the same matter is not to be done according to some other courserdquo

52 Here there is elaborate affirmative language imposing conditions and

restrictions on local councils which the Council seeks to outflank by resort to

another source of power It is a very clear case where the principle applies

53 Next there is nothing to suggest that the fact that a separate statute the Mount

Panorama Motor Racing Act is involved in any way alters the position The

permit granted by the Minister expressly permitted Council to enter into

contracts or arrangements with organisers of racing events and owners and

occupiers of land affected by the holding of motor racing meetings in each

case in accordance with the Local Government Act s 5(2)(b) and (c)

reproduced above The permits granted expressly conferred such powers

Once again it would be strange if the expressly qualified conferral of power

upon Council to enter into a contract or arrangement with an organiser ldquoin

accordance with the Local Government Actrdquo could be side-stepped by a

general power to enter into any contract it chose

54 Against all of the above Council asserted that it had a ldquogeneral power to

contractrdquo and that in any event the track hire fees were not fees for services

Both submissions should be rejected

55 Councilrsquos submissions based on a general power to enter into contracts were

founded on it having the legal capacity and powers of a natural person (prior to

20 November 2008 Council was a body corporate by reason of s 220 of the

Local Government Act to which s 50 of the Interpretation Act 1987 (NSW)

applied Thereafter following the Local Government Amendment (Legal

Status) Act 2008 (NSW) the Council became a body politic and s 220(1)

directly conferred upon it the legal capacity and powers of a natural person)

But that submission collides with the qualification upon councilsrsquo powers in

s 24 which ensures that the powers on which Council relied are made subject

to the Local Government Act Section 24 of the Local Government Act provides

ldquoA council may provide goods services and facilities and carry out activities appropriate to the current and future needs within its local community and of the wider public subject to this Act the regulations and any other lawrdquo

56 The words ldquosubject tordquo are ldquothe standard way of making clearrdquo that the

unqualified provision prevails Newcrest Mining (WA) Ltd v The

Commonwealth [1997] HCA 38 190 CLR 513 at 580-581 (McHugh J) citing

Harding v Coburn [1976] 2 NZLR 577 at 582

57 In Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2014] NSWCA

429 (a decision post-dating that of the primary judge but on which Trackcorp

relied on appeal) this Court rejected a submission that a local council had a

general power in respect of its revenue raising activities to side-step the

requirements of the Local Government Act The leading judgment was

delivered by Ward JA with whom McColl and Meagher JJA agreed Her

Honour said at [151]

ldquoIt cannot be said that the general power to enter into contracts overcomes this difficulty In Darkinjung Pty Ltd v Darkinjung Local Aboriginal Land Council [2006] NSWSC 1008 Barrett J (as his Honour then was) said at [72]

In all cases where a corporation owes its existence to a statute it is open to the corporation to do only those things that the statute contemplates are to be done by it It is commonplace for a founding and enabling statute to contain express statements with respect to the purposes objects functions powers and duties of the corporation Those express statements together with the necessary implications to which they give rise are the source of the corporations authority and capacity and the limits upon them Where the corporation purports to act beyond the field of its authority and capacity thus defined its acts are void

and at [129]

These cases proceed on the basis of three main principles First it is recognised that a grant of incorporation by Parliament carries with it not only rights and privileges but also duties and responsibilities Second the duties and responsibilities as well as existing for the benefit of the section of the population directly affected are of a public or quasi-public nature Third the corporation may not act to abdicate or evade its statutory duties and responsibilities even if the means by which it purports to do so otherwise appear to lie within the scope of its objects functions and powersrdquo

Unsurprisingly I agree with Ward JA

58 McColl JA also observed of the qualified grant of power in s 24 that

Campbell J (as his Honour then was) had said in Sanpine v Koompahtoo Local

Aboriginal Land Council [2005] NSWSC 365 at [332] that substantially the

same language in the Aboriginal Land Rights Act 1983 (NSW) demonstrated a

legislative intention that a councils powers will be broad but not unlimited at

[21] Her Honour said that ldquoa council does not have power to do away with a

mandatory requirement imposed by the Local Government Actrdquo It was in that

context that her Honour said of the attempt to fix rates outside the regime

established in the Local Government Act at [22]

ldquo[T]he mandatory requirements of the exercise of the Councils rate-making function accordingly are at least that it undertake that exercise annually that it do so after setting out its proposals for its revenue policy in a draft management plan which is explicit as to proposed ordinary rates including the proposed ad valorem rate that that plan is subject to public scrutiny and only adopted after any submissions received have been considered The requirement that the rates only be made after public submissions and only by the elected council demonstrates the public interest in the proper exercise of the rate-making power Such public interest is readily comprehensible as the exercise of the rate-making power affects every owner of rateable land in the councils areardquo

59 Substantially the same applies in my view to the exercise of the Councilrsquos fee-

fixing function As has already been observed there are strong similarities in

the legislative regime governing councilsrsquo powers to levy rates and charges

and to impose fees for services I do not accept Councilrsquos submission that the

former are a ldquovery different statutory structurerdquo

60 True it is that these principles do not apply where there are two separate

powers conferred see Minister for Immigration and Citizenship v SZKTI [2009]

HCA 30 238 CLR 489 at [45]-[48] Trackcorp gave prominence to the fact that

so far as appears from the evidence all involved in Council at the time

proceeded on the assumption that the provisions of Chapter 15 Part 10

applied For that reason there was reference in the negotiations to the costing

of component fees so as to produce a total fee of $258000 to the drafting of

heads of agreement which ldquonow includes the 200708 fees amp charges which

werenrsquot [previously] availablerdquo The clearest indication of the fact that Council

officers considered they were complying with the provisions of Part 10 of

Chapter 15 emerges from the statement of revenue policy 20072008 for

Council which contains two pages directed to fees charged in respect of

ldquoMount Panoramardquo which fell within the ldquobusiness and economic developmentrdquo

category of fees That category also included fees for saleyards and tourism

and promotion Consistently with what was agreed in the Track Hire

Agreement a line item for ldquoMount Panorama Racing Circuit Hirerdquo was included

in the following terms

ldquoFull Circuit Closure - actual fees on negotiation

Per day (minimum fee stated) $6000 (20062007)

$6222 (20072008)rdquo

61 That fee was described to fall within category 3 of the pricing policy principles

contained within the statement of revenue policy Category 3 was described as

follows

ldquoCategory 3 - Market Pricing

When Council provides a similar service lsquoin competitionrsquo with other councils or agencies eg saleyard fees hall hire etc where alternative service providers are available This category also includes prescribed or recommended fees

Council will not use subsidies to aggressively price others out of the market or compete unfairlyrdquo

62 In short Trackcorp demonstrated that Council officers brought into existence a

series of documents consistent with their contemporaneous view that Part 10

of Chapter 15 applied

63 I give little weight to this The question is one of power and the difficulty with

Trackcorprsquos reliance on what Council officers did at the time is that in certain

circumstances it does not matter if the donee of executive power purports to

exercise an inappropriate head of power when another was available the

principles are analysed by Spigelman CJ in VAW (Kurri Kurri) Pty Ltd v

Scientific Committee [2003] NSWCA 297 58 NSWLR 631 and John Holland

Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338 at [95]

64 This appeal does not turn on what Council officers believed at the time It is

decided on the basis that when Council was given a special power to hold or

authorise the holding of a motor racing meetings on the Mount Panorama

Circuit it was required to comply with the Local Government Act That made

the position no different from that which obtained when it supplied other

services It was free to set fees for the services it applied but to the extent that

it did so it had to comply with the general provisions applicable to all fees

65 Council also submitted it may in fairness be said weakly that the track hire

fees were not ldquofees for servicesrdquo essentially because (a) the fee was

negotiated and (b) the ldquobundle of contractual and commercial rights written into

the Track Hire Agreement was not and is not the supply by the respondent

Council of a service product or commodityrdquo Both aspects of Councilrsquos

submission are with respect plainly wrong In relation to the first an architect

or a lawyer may supply services for a negotiated fee that does not deny to

what is supplied its character as a service In relation to the second a licence

to use particular real property (consider the booking of a hotel room or the hire

of a hall) is readily regarded as a service Moreover Trackcorp received not

merely the use of the circuit but a suite of services identified as ldquoinclusionsrdquo in

the Track Hire Agreement (for example the use of a medical centre a Race

Control Tower a media centre toilets various grandstands a bunded fuel

compound a crash crew for race track and barrier repair ticketing gates ldquopre-

cleaningrdquo and many other services) In oral submissions senior counsel

conceded properly that ldquoI accept that itrsquos a fee for a whole lot of things that

would very likely be servicesrdquo Services are very often bundled together

the fact that the constituents of a bundle are themselves services reinforces

rather than detracts from the character of the bundle as a whole

66 For those reasons I have concluded that the primary judge was wrong to

regard Councilrsquos ldquogeneral power to contractrdquo as permitting it to stand outside of

Part 10 of Chapter 15 and that Councilrsquos primary submission on appeal must

be rejected

The Recovery of Imposts Act 1963 (NSW)

67 At no stage during the trial was attention given to the operation of the Recovery

of Imposts Act 1963 (NSW) Perhaps that was because Council was keen to

submit that it had not imposed a fee although even then it would have been

open to invoke the legislation in the alternative

68 The Recovery of Imposts Act applies to ldquotaxesrdquo ldquofeesrdquo ldquochargesrdquo and

ldquoimpostsrdquo It is established that s 94 contributions imposed by councils engaged

the provisions of that Act because they are ldquoimpostsrdquo Baulkham Hills Shire

Council v Wrights Road Pty Ltd [2007] NSWCA 152 153 LGERA 219 This

Court (Spigelman CJ McColl JA and Gzell J agreeing) held at [15] that

ldquoSection 2(1) of the Imposts Act extends to any amount lsquopaid under the authority or purported authority of any Actrsquo Each of the words lsquotaxrsquo lsquofeersquo lsquochargersquo and lsquoimpostrsquo are confined in their possible scope by this definite criterion The words whilst wide are not of extraordinary scope There is no warrant to give them a meaning of the character for which the Respondent contends The directly relevant inquiry is whether a payment was made under the authority of an Actrdquo

69 Plainly enough a ldquofeerdquo imposed under Part 10 of Chapter 15 answers the

description in the Recovery of Imposts Act at least as clearly as a s 94

contribution paid upon the grant of development consent The decision in

Meriton Apartments Pty Ltd v Council of the City of Sydney (No 3) [2011]

NSWLEC 65 80 NSWLR 541 is correct so to hold

70 The Recovery of Imposts Act imposes a 12 month period to recover fees

paid s 2(1) It will be recalled that the restitutionary claim was first advanced in

August 2012 more than 12 months after the final payment Moreover s 4 of

the Act obliges the claimant to satisfy the court that it has not charged to or

recovered from and will not charge to or recover from any other person any

amount in respect of the whole or any part paid That is to say it places an

onus upon the person who has paid the fee to demonstrate that it has not been

passed on It may be doubted that Trackcorp would have been able to

discharge that onus certainly it did not attempt to do so However neither

change in position nor passing on were pleaded by the Council in its defence

even for the general restitutionary claim which it faced

71 The fact that neither passing on nor change of position had been pleaded

means that the appeal cannot be decided on those bases However s 5 goes

further It provides that that right to recover money is extinguished

ldquo5 Ending of right of recovery

ldquoIf because of this Act money paid by way of tax or purported tax ceases to be or is not recoverable the right to recover the money is extinguishedrdquo

72 The extinguishment of Trackcorprsquos causes of action effected by s 5 is in a

different category from the unpleaded consequences of the other provisions of

the Recovery of Imposts Act It is not up to a party to choose to rely or not to

rely on a provision which extinguishes a right of action ldquoIf a claim is

extinguished it cannot be brought An omission to plead the statute does not

revive the claimrdquo Carr v Thomas [2009] NSWCA 208 at [35] When this Court

determines an appeal by way of rehearing in accordance with s 75A of the

Supreme Court Act 1970 (NSW) it cannot ignore a statute which potentially

extinguishes the appellantrsquos claim

73 If I were otherwise minded to allow the appeal I would have required further

submissions as to why s 5 had not extinguished any rights Trackcorp had

However the appeal can and therefore should be decided on issues which

were argued by the parties

Councilrsquos notice of contention

Councilrsquos Project Blue Sky submission

74 The first ground in Councilrsquos original notice of contention is that the admitted

contravention of the Local Government Act does not entail that the exaction of

fees by it was void or ultra vires in accordance with Project Blue Sky Inc v

Australian Broadcasting Authority [1998] HCA 28 194 CLR 355 That is a pure

question of law but one which as I see it is complex important and not fully

argued What was not argued included the effect of s 729 of the Local

Government Act mentioned by neither party and whose effect is not absolute

and the Recovery of Imposts Act The fact that the question is not

straightforward may be seen in the analyses in respect of other powers of

councils see Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council

[2010] NSWCA 145 174 LGERA 67 at [176]-[194] and [214]-[222] (power to

levy rate) and Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014]

NSWCA 404 206 LGERA 40 at [153]-[193] (power to issue construction

certificate)

75 Where as here the question is important but was not fully argued was not free

from difficulty was not determined by the primary judge and need not be

determined on appeal it is appropriate not to deal with it Environment

Protection Authority v Condon as Liquidator for Orchard Holdings (NSW) Pty

Ltd (in liq) [2014] NSWCA 149 86 NSWLR 499 at [69]-[70]

Councilrsquos proposed change of position defence

76 This is a matter that was raised by Trackcorprsquos counsel at first instance in final

address (ldquothey could put on a defence such as change of position but there

are no such defences that have been pleadedrdquo) It is sufficient that it be

possible that evidence which stood in the way of the defence succeeding might

have been adduced and I would readily infer that the cross-examination of

Council officers and the production of documents sought by Trackcorp not

merely could have been but would have been affected had such a defence

been pleaded

77 It follows that Trackcorp is correct to submit that it is too late now on appeal to

advance such a claim see Cassegrain v Gerard Cassegrain amp Co Pty Ltd

[2015] HCA 2 89 ALJR 312 at [64] and Attorney General of New South Wales

v Homeland Community Ltd [2015] NSWCA 15 at [59]

Trackcorp received good consideration

78 At the hearing of the appeal Council maintained that there was a ldquogood

considerationrdquo defence because the payments were made pursuant to a

contract That is true except in respect of the first half of the first payment

(which was made prior to entry into the Track Hire Agreement) This was not

the subject of detailed submissions below or written submissions in advance of

the appeal being heard It was implicit in the exchanges in final addresses at

trial reproduced above But Council acknowledged properly that it had not

been put to the trial judge

79 In Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd [2006] VSCA 6

V ConvR 54-713 a landlord had been ordered to repay to its tenant amounts

mistakenly paid by its tenant as rent under a commercial lease Section 8(2) of

the Retail Tenancies Reform Act 1998 (Vic) provided that the tenant was not

liable to pay the rent attributable to the period before the landlord gave the

tenant a copy of a disclosure statement The tenant claimed that it had paid

rent and was ignorant of its rights under the provision

80 The Victorian Court of Appeal held that the landlord had a good defence to the

tenants claim for restitution because the tenant had received good

consideration for the money it paid namely exclusive possession of the

premises that were of use and benefit to it Chernov JA said at [21]

ldquo[U]nlike the position of the payers in David Securities and Roxborough the tenant here has received good consideration for the money it paid namely exclusive possession of the premises that were obviously of use and benefit to it as is demonstrated not only by the fact that it occupied them since entry for its business purposes but also by its continued possession of them after it became entitled to terminate the lease pursuant to s 8(2)(c) of the Act And it is irrelevant that the landlord might have been under an obligation to provide the premises under the lease The question is not whether the landlord was under such an obligation but rather whether the tenant gained or accepted a benefit in the form of exclusive use of the premises (as a quid pro quo for the payments in question) As I have said on the evidence it is apparent that the tenant received such a benefit and thus from its point of view it received good consideration for its paymentsrdquo

81 Similarly Nettle JA said at [33]

ldquoWhereas in Davids Securities the borrower got nothing in return for its payment of the grossing-up amount and in Roxborough v Rothmans of Pall Mall the tobacco retailer got nothing in return for its payment of the tobacco licence fees in this case the respondent got the benefit of the use and occupation of the demised premises in return for the rent which it paid As I see it that is the benefit which it had in view - the benefit for which it bargained - when it agreed to pay the rent It is true that the respondent was not under a legal duty to pay the rent and therefore it is true that the payment of what it perceived to be rent did not discharge it from an obligation to pay rent But as I have said I do not consider that s 8(2) prohibits the lessor receiving or recovering any consideration in respect of the lessees use and occupation of the demised premises There does not seem to be any statutory imperative for concluding that the tenant was intended to have the benefit of free use and occupationrdquo

82 The third member of the Court agreed Ashley JA agreed with both Chernov

and Nettle JJA (at [55])

83 The authors of Mason and Carterrsquos Restitution Law in Australia (2nd ed

LexisNexis Butterworths 2008) write at [2041] that ldquo[r]ecovery of the (invalid)

licence fee after enjoyment of the right for which it was the consideration would

result in unjust enrichment not its preventionrdquo That passage was applied by

Pepper J in Meriton at [172] to conclude that the developerrsquos recovery of fees

would be inequitable where Meriton had enjoyed the benefit of the exclusive

use of the kerb and road for its construction

84 So too here Trackcorp received precisely what it bargained for True it is that

at trial Trackcorp contended that Council was in breach and that it had been

misled but these claims have fallen away Indeed Trackcorp prepared a

budget which projected a profit despite the $250000 fee it paid It would create

unjust enrichment were Trackcorp having enjoyed the benefit of the Mount

Panorama circuit over five years to recover the fees it agreed to pay and did

pay in order to secure that benefit

85 The only possible point of distinction between this appeal and Ovidio is the fact

that half of the first yearrsquos track hire fee was paid prior to the Track Hire

Agreement being executed But nothing turns on that That payment was

expressly treated by the parties (in cl 35(a)) as ldquothe first instalment of 50 of

such fees from the Promoter in respect of the first Eventrdquo and evidently was

part of the consideration for what Trackcorp received in December 2007 It is in

the same category as the payments made after the agreement had been

executed

86 Accordingly Trackcorp must be taken to have received precisely what it

bargained for (for it did not seek to reagitate its failed claims for breach and

rectification on appeal) It obtained good consideration for the fees it paid each

year Irrespective of whether its claim was extinguished by the Recovery of

Imposts Act there can be no injustice in Council retaining the monies paid by

Trackcorp for services bargained for and received by Trackcorp

87 Finally no question of fact prevents Council from relying on this defence on

appeal The position resembles that in Ford v Perpetual Trustees Victoria Ltd

[2009] NSWCA 186 75 NSWLR 42 where no restitutionary defence had been

pleaded Allsop P and Young JA said at [119]-[121] that there was no injustice

in the retention by the payee such that the restitutionary claim was dismissed

(1) ldquo119 It is the case that the right to recovery is prima facie enlivened by the relevant legal circumstance accompanying the payment here mistake or the request for the loan (if made by Mr Ford) David Securities Pty Limited v Commonwealth Bank of Australia [1992] HCA 48 175 CLR 353 at 379 Nevertheless underpinning recovery is the ldquounifying legal conceptrdquo of unjust enrichment

(2) 120 No separate defence of change of position or any other particular restitutionary defence was pleaded

(3) 121 The relevant enquiry as to the availability of the order for payment or repayment does not cease with the identification of the relevant qualifying consideration such as mistake The enquiry is as to the

injustice of the retention of any money or benefit This lies at the root of the claim and of any defence such as change of positionrdquo

The same considerations may be seen in Ovidio at [22] and [47]-[50] They

suffice to dispose of the appeal

Councilrsquos proposed causation defence

88 Council also sought leave to amend its notice of contention to include the

ground that Trackcorp did not prove that any mistake of fact was causative of

the payments made by it Although Trackcorp must be taken on this appeal to

have received the benefits for which it had bargained it is plain that the

question whether a belief as to the Councilrsquos compliance with the Local

Government Act caused the entry into the Track Hire Agreement gives rise to

factual questions Council should not be permitted to raise this issue in its

notice of contention

Orders and costs

89 For those reasons I propose that the appeal be dismissed Given that (a) parts

of Councilrsquos submissions at first instance were not sought to be maintained on

appeal and appear to have contributed to leading the primary judge into error

(b) Councilrsquos primary submission on appeal about a general contractual power

has been rejected and (c) the dispositive ground was only raised by way of an

amended notice of contention filed after the appeal was heard the appropriate

order is that there be no order as to costs of the appeal That accords with the

rule stated in the reserved decisions of the Supreme Court of Victoria in Great

Gulf Company v Sutherland (1873) 4 AJR 164 and more recently in Armstrong

v Boulton [1990] VR 215 at 223 Although I have concluded that not all aspects

of the reasoning of the primary judge can be sustained there is no occasion to

interfere with the costs ordered at first instance

90 The formal orders I propose are

1 Grant leave to the respondent to rely on ground 1B of its proposed Amended

Notice of Contention dated 1 April 2015 and direct the Council to file within

7 days an Amended Notice of Contention in accordance with that leave

2 Appeal dismissed

Amendments

19 December 2018 - [12] fourth sentence ldquofeesrdquo changed to ldquofeerdquo

[13] first sentence ldquomaintainingrdquo changed to ldquoremainingrdquo

[58] ldquoCampbell JArdquo changed to Campbell J (as his Honour then wasrdquo

[65] fifth sentence ldquoMedical centrerdquo changed to ldquomedia centrerdquo final sentence

ldquothat factrdquo changed to ldquothe factrdquo

[89] case citation ldquoThe Great Gulfrdquo changed to ldquoGreat Gulfrdquo ldquo4rdquo inserted

before ldquoAJRrdquo

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated

The relevance of this decision is that it demonstrates that a council can only do what the LG Act allowsit to do and in my view when it comes to money being expended a council can only expend money inaccordance with the LG Act

Grant of financial assistanceUnder the LG Act councils can make grants of financial assistance This is provided for at sub-section356(1) of the LG Act whereby a ldquocouncil may in accordance with a resolution of the councilcontribute money or otherwise grant financial assistance to persons for the purpose of exercising itsfunctionsrdquo There is no caselaw on the interpretation of the phrase ldquocontribute money or otherwisegrant financial assistance to personsrdquo nor on the operation of section 356 There is guidance on theoperation of section 356 on the Office of Local Government (OLG) website which states

Section 356 of the Local Government Act 1993 prescribes the requirements when councilsprovide financial assistance to others (including charitable community and sportingorganisations and private individuals)

Financial assistance must be for the purposes of exercising the councilrsquos functions Section356(2) requires councils to give at least 28 days public notice of a proposal to pass a resolutionto grant financial assistance prior to doing so

Public notice is not required ifmiddot The assistance is part of a specific program which has been included in the councilrsquos

management planmiddot The programrsquos budget does not exceed 5 of the councilrsquos income from ordinary rates for

the year andmiddot The program is uniformly available to all or a significant group of persons within the area

The Office of Local Government encourages councils to achieve greater transparency andaccountability by developing a policy on the granting of financial assistance to others

The financial assistance or donations policy should cover issues such asmiddot Forms of application for financial assistancemiddot Assessment processes including where applicable obtaining supporting information to

establish the bona fides of applicationsmiddot Procedures for ensuring public notice is given and for dealing with any public submissionsmiddot Establishing clear and transparent criteria for the assessment of applications for financial

assistancemiddot A procedure for ensuring financial assistance is used by the recipient for the specified

purpose

Policies should be applied with sufficient flexibility to ensure that the council strikes anappropriate balance between prudent financial management and its ability to effectively meetmeritorious requests for financial assistance

It can be seen by this that the OLG interprets ldquofinancial assistancerdquo to be intended to be providedthrough a formal application process and in accordance with an adopted policy for the granting offinancial assistance I have searched the Uralla Shire Council website and was unable to locate apolicy

Whilst the OLG has provided guidance on the operation of s356 there is still a question as to whether

this situation does come within the section In my view it does not as granting the financialassistance would not be for the purpose of exercising the councilrsquos functions Whilst the council cando private works which includes this work the purpose of granting the financial assistance in thisinstance is not to exercise that function but it is to reimburse the landowners which is not a functionof council

If council disagrees with my advice and does believe that it can grant financial assistance to theselandowners it needs to comply with sub-section 356(2) of the LG Act and pass the resolution aftergiving 28 days public notice As per sub-section (3) public notice is not required if the financialassistance was part of a specific program and the other conditions in sub-section (3) are met

I also bring to your attention section 435 of the LGA which provides as follows435 Surcharging by Departmental Chief Executive(1) If satisfied that any expenditure or transfer or any entry in a councilrsquos accounts has beenincurred or made in contravention of this or any other Act or of any regulation in force underthis or any other Act the Departmental Chief Executive maymdash

(a) disallow the expenditure transfer or entry and(b) surcharge the amount of the disallowance on the councillor the general manageror any other member of staff of the council by whom the expenditure transfer orentry was incurred or made or ordered to be incurred or made

(2) The Departmental Chief Executive may also surcharge on a councillor the generalmanager or any other member of staff of the council the amount ofmdash

(a) any deficiency or loss incurred by the council as a consequence of the negligenceor misconduct of the councillor general manager or member of staff or(b) any money which ought to have been but has not been brought into account bythe councillor general manager or member of staff

(3) (Repealed)

In summary councils have no ability to act independently of the LG Act (other than to exercisefunctions conferred or imposed on it by or under any other Act or law (per s220)) there is noprovision to expend money in this situation and in my view section 356 of the LG Act does not applyto this situation

I note that in the emails there is reference to Treasury Circular 1102 My preliminary view is that thisdoes not apply to councils but if you would like me to consider this further please let me know

Regards

Liz HayesLegal OfficerT 02 9242 4125 | M 0434 604 267elizabethhayeslgnsworgaulgnsworgauLegal professional privilege may apply to this email and any documents attached Disclosing this email or discussing its contents with a thirdparty may mean that legal professional privilege is lost Please contact me before this email its contents or attachments are disclosed to athird party

Court of Appeal Supreme Court

New South Wales

Hearing Date(s) 31 March 2015 final submissions received 14 April 2015

Before Macfarlan JA at [1] Ward JA at [2] Leeming JA at [3]

Decision 1 Grant leave to the respondent to rely on ground 1B ofits proposed Amended Notice of Contention dated1 April 2015 and direct the Council to file within 7 daysan Amended Notice of Contention in accordance withthat leave

2 Appeal dismissed

Catchwords APPEALS - notice of contention - whether respondent permitted to raise defences not run at trial - Council not permitted to run defences of causation or change of position - Council permitted to run defence of good consideration - whether question of law which was not fully argued not determined by primary judge and not necessary to decide should be decided

LOCAL GOVERNMENT - power to fix fee for services - whether Council obliged to comply with Chapter 15 Part 10 of Local Government Act 1993 (NSW) when entering into contract for holding of motor racing events - whether general power to contract - Mount Panorama Motor Racing Act 1989 (NSW) - Council obliged to comply with Local Government Act

ATTACHMENT 159 55

RESTITUTION - recovery of money paid under mistake - defence of good consideration - appellant not entitledto recover payments made having received theconsideration for which it had bargained - OvideoCarrideo Nominees Pty Ltd v The Dog Depot Pty Ltd[2006] VSCA 6 V ConvR 54-713 followed

STATUTORY CONSTRUCTION - multiple sources of power - where some sources of power expressly qualified - Anthony Hordern principle - relevance of belief of Council officers - relevance of text and structure of Act

Legislation Cited Interpretation Act 1987 (NSW) s 50 Local Government Act 1993 (NSW) ss 8 21-24 67 67A 67B 220 377 402 404 405 608 610 610B 610C 610D 610F 611 729 Local Government Amendment (Legal Status) Act 2008 (NSW) Local Government Amendment (Planning and Reporting) Act 2009 (NSW) Mount Panorama Motor Racing Act 1989 (NSW) ss 5 11 Poor Relief Act 1601 (Eng) Recovery of Imposts Act 1963 (NSW) ss 2 4 5 Retail Tenancies Reform Act 1998 (Vic) s 8 Supreme Court Act 1970 (NSW) s 75A

Cases Cited Anthony Hordern amp Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Armstrong v Boulton [1990] VR 215 Attorney General of New South Wales v Homeland Community Ltd [2015] NSWCA 15 Baulkham Hills Shire Council v Wrights Road Pty Ltd [2007] NSWCA 152 153 LGERA 219 Bayside City Council v Telstra Corporation Ltd [2004] HCA 19 216 CLR 595 Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 206 LGERA 40 Carr v Thomas [2009] NSWCA 208 Cassegrain v Gerard Cassegrain amp Co Pty Ltd [2015] HCA 2 89 ALJR 312 Environment Protection Authority v Condon as Liquidator for Orchard Holdings (NSW) Pty Ltd (in liq)

[2014] NSWCA 149 86 NSWLR 499 Falkenberg v City of Hamilton [1987] VR 65 Ford v Perpetual Trustees Victoria Ltd [2009] NSWCA 186 75 NSWLR 42 Harding v Coburn [1976] 2 NZLR 577 John Holland Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338 Marrickville Metro Shopping Centre Pty Ltd v Marrickville Council [2010] NSWCA 145 174 LGERA 67 Meriton Apartments Pty Ltd v Council of the City of Sydney (No 3) [2011] NSWLEC 65 80 NSWLR 541 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30 238 CLR 489 Newcrest Mining (WA) Ltd v The Commonwealth [1997] HCA 38 190 CLR 513 Ovidio Carrideo Nominees Pty Ltd v The Dog Depot Pty Ltd [2006] VSCA 6 V ConvR 54-713 Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2014] NSWCA 429 Plaintiff S42014 v Minister for Immigration and Border Protection [2014] HCA 34 88 ALJR 847 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 194 CLR 355 Sanpine v Koompahtoo Local Aboriginal Land Council [2005] NSWSC 365 Smith v Wyong Shire Council [2003] NSWCA 322 132 LGERA 148 The Great Gulf Company v Sutherland (1873) AJR 164 Vanmeld Pty Ltd v Fairfield City Council [1999] NSWCA 6 46 NSWLR 78 VAW (Kurri Kurri) Pty Ltd v Scientific Committee [2003] NSWCA 297 58 NSWLR 631

Texts Cited Mason and Carterrsquos Restitution Law in Australia (2nd ed LexisNexis Butterworths 2008)

Parties Adrenaline Pty Ltd (Appellant) Bathurst Regional Council (Respondent)

Representation Counsel G Sirtes SC with R White (Appellant) B Coles QC with JE Thomson (Respondent)

Solicitors Horton Rhodes Lawyers (Appellant) McIntosh McPhillamy amp Co (Respondent)

Before Darke J

HEADNOTE

88 ALJR 847 applied

followed

JUDGMENT 1 MACFARLAN JA I agree with Leeming JA

Background 5 The appellant was formerly known as Trackcorp Adrenalin Pty Ltd and earlier

Agreement possible

government area)

fees paid

to its claim

address

SIRTES Quite so

this issue

contract

Issues on appeal 27 Trackcorp appealed challenging the reasoning of the primary judge

on appeal

Councilrsquos ldquogeneral contractual powerrdquo did not permit it to charge fees outside of the provisions of the Local Government Act 33 Council asserted that the fee contained in the Track Hire Agreement was one

follows

orally

Division 3

47 CLR 1 at 7

the effect that

directly conferred upon it the legal capacity and powers of a natural person) But that submission collides with the qualification upon councilsrsquo powers in

and at [129]

$6222 (20072008)rdquo

follows

be rejected

The Recovery of Imposts Act 1963 (NSW) 67 At no stage during the trial was attention given to the operation of the Recovery

Councilrsquos notice of contention Councilrsquos Project Blue Sky submission

certificate)

been pleaded

executed

Orders and costs 89 For those reasons I propose that the appeal be dismissed Given that (a) parts

2 Appeal dismissed

Amendments 19 December 2018 - [12] fourth sentence ldquofeesrdquo changed to ldquofeerdquo

1510 RESOLUTIONS REGISTER ACTION STATUS

Department General Managerrsquos Office Prepared by Executive Assistant TRIM Reference UINT2110050 Attachment UINT2110120

Goal 41 A strong accountable and representative Council

Strategy 411 Provide clear direction for the community through the development of the Community Strategic Plan Delivery Program and Operational Plan

SUMMARY 1 The purpose of this report is to provide Council with the Resolution Action Status updates as at 18

August 2021

RECOMMENDATION

That Council receive the Resolution Action Status as at 18 August 2021

REPORT 2 Following every council meeting the resolutions of Council which require action are

compiled into a single document This document is referred to as the Resolution ActionStatus

3 The purpose of the Resolution Action Status is to track the progress of actions andprovide confirmation to Council when these actions are complete

4 The Resolution Action Status is presented to Council at its ordinary meetings

5 Actions which were completed as at the date of the report to the last Council ordinarymeeting where the full resolution has been completed have been removed from thedocument

CONCLUSION 6 The Resolution Action Status shows actions which are currently pending in progress or

completed since the last report

l ndash K

3 ndash

ndash t

2 ndash

6 ndash

ldquoF

rdquoa

ldquoUra

llardquo

ldquoFin

lfrdquo

ldquoCo

rdquo in

ldquoFib

irdquod

lic in

smdashin

cilrsquo

llel t

7 ndash

ndash R

lrsquos

rrsquos

l will

ndash A

ip amp

lls in

cilrsquo

Hill Str

ndash A

middot

cilrsquo

B ndash

cilrsquo

b ndash

LrsquoS

Srsquo

cilrsquo

1 ndash

bull 6

d lsquo

rsquo a

bull 4

te lsquo

lrsquos

nrsquo

o lsquo

rsquo a

lsquoSu

rkrsquo

e ndash

ndash A

L ndash

16 MOTIONS ON NOTICEQUESTIONS WITH NOTICE 161 NOTICE OF MOTION ndash AMENDMENTS TO THE 20212022 SCHEDULE

OF FEES AND CHARGES

Objective 42 An effective and efficient organisation Strategy 422 Operate in a financially responsible and sustainable manner

SUMMARY

The Community and Councillorsrsquo submissions received during the public advertisement period of the 2021-2022 Operational Plan and 2017-2022 Delivery Program from 26 May to 23 June 2021 as per Council Resolution 390521 provided some 12 submissions that specifically addressed matters in respect to the 20212022 Schedule of Fees and Charges These submissions were not specifically considered by Council during the debate on Resolution 330621 Attachment A is a review of the 12 submissions by Cr OrsquoConnor The submissions were not included in the calling of the Extraordinary Council meeting of 13 July 2021 when the administrative error omitting the 20212022 Schedule of Fees and Charges was noted The Notice of Motion for the 27 July 2021Council meeting was delivered too late to be included in the Business Paper for that meeting and the motion for the matter to be considered at the meeting as urgent was not successful Since the nexus between the submissions being received and considered the changes as suggested by the submissions has been broken the changes will need to be advertised for a period of 28 days in accordance with Sections 610F and 705 of the Local Government Act 1993 as amended

MOTION

That Council

I amend the 20212022 Schedule of Fees and Charges by

(a) replacing uncontaminated garden and wood waste charges (page 11 of 48) with Car -sedan and wagon $Nil Small truck or trailer $Nil Large trailer $Nil and Truck $Nil inplace of $500 $1200 $2500 and $2500 respectively

(b) replacing aquatic Centre admission charges for children charges (page 14 of 48) withsingle admissions $250 books of 10 $2250 books of 20 $4500 and books of 50$11250 in place of the listed $300 $2700 $5100 and $12000 respectively

(c) Replacing construction certificate fees (page 29 of 48) with developments up to $5000- $17500 $5001 to $10000 - $24000 $100001 to $$250000 - $37500 and over$250000 - $37500 plus $110 per $1000 above $250000 in place of $20000 $50000$80000 and $800 plus $110 per $1000 above $250000 respectively

II advertise a public notice of the proposed amendments to receive public submissions for theperiod 25 August 2021 to 15 September 2021 in accordance with Section 610F (3) (b) of theLocal Government Act 1993 as amended and

III subject to no objections being received replace the existing 2021-2022 Operational Plan Part5 Schedule of Fees and Charges with the amended 20212022 Schedule of Fees and Charges

Submitted by Councillor Tom OrsquoConnor

COUNCILLOR OCONNORrsquoS REVIEW OF FEES AND CHARGES SUBMISSIONS WITHIN PAGES 168 TO 188 OF THE LATE REPORT TO THE COUNCIL MEETING OF 29 JUNE 2021

1 | P a g e

A REVIEW OF THE ADVERTISED 20212022 SCHEDULE OF FEES AND CHARGES SUBMISSIONS

At the Council meeting held on 29 June 2021 during the formal debate of the separated second part of the Recommendation for Late Report 91 (commencing at 2 hours 16 minutes to 2 hours 20 minutes on the audio recording of the meeting) not one of the Mover or Seconder (Cr Strutt and Cr Sampson) nor the councillor speaking against the motion (Cr Crouch) spoke specifically about the submissions made during the advertised period contained on pages 167 to 188 of the Late Report The debate was terminated before any mention was made of specific submissions on Part 5 of the 2021-2022 Operational Plan (the Schedule of Fees and Charges) The termination of the debate when CrStrutt spoke for the second time closing the debate was confirmed in response to a question from Councillor OrsquoConnor

The twelve submissions listed on pages 168 177 and 188 of the Late Report that asked questions and addressed concerns in specific fees and charges were

Page QueryObservation Staff Comment in Report Councillorrsquos Comment 168 Page 19 of 67 amend all Aquatic

Centre fees in line with resolution reducing single fee from $500 to $400

Council resolution was to ldquolimit swimming pool entry fee increase from $360 to $400rdquo and this has been done

The resolution was for adult so the fees for children still are an increase of between 4286 and 4674

177 Swimming pool fees be set at $350 for adults and $2 for children Considering the fee was $2 for adults only 3 years ago this is a significant increase as it is

Council resolution was to ldquolimit swimming pool entry fee increase from $360 to $400rdquo

188 Aquatic Centre fees should not increase above CPI (rounded) Uncontaminated garden and wood waste a couple of years ago I argued not to charge for uncontaminated garden and wood waste I maintain that argument

The cost of processing the green waste is significant averaging around $11 per cubic metre of processed material The cost for 2122 will be in the order of $110000 as it has not been undertaken for the last two years Currently the greenwaste originating from outside the shire is being delivered to USC facilities increasing the volume of material to process In order to manage the incoming quantities of garden and wood waste it is proposed that the Uralla gate fee charges be aligned with those charges at Armidale Regional Councilsrsquo waste facility This will help slow down the dumping of garden and wood waste materials at the Uralla waste facility by non-residents of Uralla Shire

Pricing to keep non-resident disposal of uncontaminated garden and wood waste is a new charge and has in the short period of its introduction raised the ire of locals

I would like to see proof of a large number of non-residential cars small and large trailer loads of these products before making the charge for all The only size of load to warrant crossing the shire boundary to dispose of a quantity of garden and wood waste would be a truck load

I cannot see the justification of charging for uncontaminated garden and wood disposal

COUNCILLOR OCONNORrsquoS REVIEW OF FEES AND CHARGES SUBMISSIONS WITHIN PAGES 168 TO 188

OF THE LATE REPORT TO THE COUNCIL MEETING OF 29 JUNE 2021

2 | P a g e

Page QueryObservation Staff Comment in Report Comment 168 Page 111 please advise income

and expenditure for Queen Street Caravan Park under current contract

Income $100000 Expenditure $89244

Leased properties appear not included in Fees and Charges

includes hire of Bundarra School of Arts does not include Uralla Memorial Hall hire Please advise hire rate

The RSL Memorial Hall is leased to Uralla Neighbourhood Centre for $7272 pa The Neighbourhood Centre in turn hire out the venue and parts thereof

188 Memorial Hall how is it charged out

Cemetery fee increases should be justified with a budget

Urallarsquos charges are much lower than the other surrounding Councils The niche wall costs are comparable with Walcha and Armidale Cost comparison provided The proposed charges will realise revenues of $37380 based on the average burial numbers over the previous 3 years against a proposed expenditure of $55552

I have no problem in increasing cemetery fees Burial fees do not cover annual costs let alone legacy issues

177 Construction Certificates Building Inspections increase by the recommended rate but no higher than a 3 increase

Council resolution was to ldquolimit building inspection fees to 5rdquo

The response has placed the onus on Councillors for not specifically spelling out what was being objected to in the resolution Building inspection fees and construction certificates are a major Council applicable costs which together with mandated DA costs are anti-development Private certifiers costs are lower than Councilrsquos previous fees and charges so our existing fees already have competitive neutrality

I notice that the Construction certificates are still set at increases of 25 and more despite the resolution [to place the budget on public display] that resolved a maximum of 5

Council resolution was to ldquolimit building inspection fees to 5rdquo Fees for construction certificates have been increased to similar levels of neighbouring councils Charging fees well below market rates is inconsistent with competitive neutrality and may negatively impact private certifiers

188 Construction certificates should not be increased by more than CPI without a budget justifying the increase

No staff comment

VIC hire of flexible space fee needs to be explained in terms of what is being hired $700 id completely unattainable and must be set at a much more realistic level unless the hire is for the entire building

The hire of $700 is ldquoPer week (min hire one week)rdquo for kitchen and adjacent space in refurbished VIC Typical commercial rates in Armidale Central for a 3 x 3 space are $330 plus GST per day and $800 to $1000 plus GST per week depending upon the location in the Centre

Can we compare the Armidale Central passing traffic (therefore revenue generation) to the VIC position and passing traffic

3 | P a g e

The purpose of the extraordinary meeting held on Tuesday 13 July 2021 was ldquoto present corrected information relating to Councilrsquos 2021-2022 Fees and Charges as determined in June 29 Ordinary Meeting in the adoption of the Operational Plan and Budget 2021-2022rdquo and as such did not authorise specific debate (consideration) of submissions on the 2021-2022 Schedule of Fees and Charges received in response to the public advertisement for submissions by Council Resolution 390521

Councillors have in fact not considered the merits of the submissions

I attempted to bring this matter forward as a matter of urgency at the Council of Council Tuesday 27 July 2021 however the matter was ruled to not urgent

COMMENTS

The hire fees (page 15 of 48) for the hire of the Visitor Information Centre flexible use ldquopop-up spacerdquo at $70000 per week combined with a minimum hire of 1 week will price the facility out of the market The passing traffic of the Visitor Information CentreLibrary complex cannot be compared to the quoted ldquoTypical commercial rates in Armidale Central for a 3 x 3 space are $330 plus GST per day and $800 to $1000 plus GST per week depending upon the location in the Centrerdquo traffic generated by one of the major supermarkets within Armidale Central The VIC will be in competition with Little Birdiersquos space and though the quality of the accommodation is in favour of the VIC site the ambience and generated traffic certainly is not

I believe that the following fees and charges need to be considered in response to the submissions

Uncontaminated garden and wood waste (including GST) ndash page 11 of 48 - be Car -sedan and wagon $Nil Small truck or trailer $Nil Large trailer $Nil and Truck $Nil replacing ($500 $1200 $2500 and $2500 respectively) Prior years there has been no charge for uncontaminated green waste products

Aquatic Centre Charges ndash Children (including GST) ndash page 14 of 48 - be Single admission - $220 books of 10 - $2250 books of 20 - $4500 and books of 50 - $11250 replacing ($300 $2700 $5100 and $12000) Note the 2020-2021 admission fees for children were $210 $1840 $3500 and $8200 respectively)

Construction certificates (including GST) ndash page 29 of 48 ndash be Developments up to $5000 - $17500 $5001 to $10000 - $24000 $100001 to $$250000 - $37500 and over $250000 - $37500 plus $110 per $1000 above $250000 replacing ($20000 $50000 $80000 and $800 plus $110 per $1000 above $250000) Note 2020-2021 Construction certificates were $15989 $22805 $34923 and $34923 plus $110 per $1000 above $250000

Cr Tom OrsquoConnor

ATTACHMENT 161

EXECUTIVE ADVICE

1 The motion is lawful

2 In considering whether to amend the fees and charges the following is advised

a Uncontaminated garden and wood waste charges ndash with zero fees it has been observed that persons from Armidale Regional Council Tamworth Regional Council and Inverell travel to Uralla Shire facilities to dispose of such waste rather than paying the fees within their local government area

Armidale Regional Council charges are

bull Car $1000 load bull Utility or trailer $1500 load bull Large trailer $65 load

Tamworth Regional Council charges are

bull Domestic free bull Commercial green waste - $40tonne

b Aquatic Centre admission charges for children charges ndash keeping fees and

charges at the same rate each year increases the subsidisation of the service which is paid for by all ratepayers

c Replacing construction certificate fees (page 29 of 48) - with developments up to $5000 - $17500 $5001 to $10000 - $24000 $100001 to $$250000 - $37500 and over $250000 - $37500 plus $110 per $1000 above $250000 in place of $20000 $50000 $80000 and $800 plus $110 per $1000 above $250000 respectively For construction certificate for a $400k house would equate to bull Armidale $1920 bull Walcha $1050 bull Tamworth $1081 bull Uralla proposed by NOM 2122 -$51250 bull Uralla adopted 2122 ndash $93750

The Manager Development and Planning has also consulted with a local certifier and Council Construction Certificate charges are well below the local certifierrsquos rates meaning there is no competitive neutrality and we are undercutting a local contractor significantly

3 The motion is not consistent with Councilrsquos strategic resolutions to achieve a financially

sustainable Council COUNCIL IMPLICATIONS

Council undertook community engagement on the 202122 fees and charges prior to their adoption and only received feedback from councillors on specific fees

The motion is lawful

6 Financial (LTFP)

Reduced income resulting in higher budgeted operating loss before capital grants

Increased cost to Councilrsquos waste management service (processing additional green waste) reduced income for waste management and swimming pool service areas

8 Workforce (WMS)

The total reduction in income proposed by the recommendation is estimated to be in the minor to moderate risk category creating a medium risk to Council

Regulatory compliance alignment with strategic decisions of Council

17 CONFIDENTIAL MATTERS 171 CONFIDENTIAL - STATUS OF EMERGENCY ORDER DA-43-

Department Infrastructure amp Development Prepared by Manager of Development and Planning TRIM Reference UINT219840

This report is presented to the CLOSED section of the August 2021 meeting under section 10A of the Local Government Act 1993 (NSW)

(1) A council or a committee of the council of which all the members are councillors may closeto the public so much of its meeting as comprises(a) the discussion of any of the matters listed in subclause (2) or(b) the receipt or discussion of any of the information so listed

(2) The matters and information are the following(g) advice concerning litigation or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege

Reason report contains privileged legal advice concerning litigation risk to Council

172 CONFIDENTIAL NOTICE OF MOTION COUNCIL TO CONSIDER

SUSPENSION OF DELEGATED PLANNING AUTHORITY

Notice of Motion Council to consider suspension of delegated planning authority TRIM No UINT2110075

The following item(s) are presented to the Closed section of the 24 August 2021 Council meeting pursuant to section 10A of the Local Government Act 1993 (NSW)

(1) A council or a committee of the council of which all the members are Councillors may close tothe public so much of its meeting as comprises--

(a) the discussion of any of the matters listed in subclause (2) or(b) the receipt or discussion of any of the information so listed

(2) The matters and information are the following--(a) personnel matters concerning particular individuals (other than Councillors)(b) the personal hardship of any resident or ratepayer(e) information that would if disclosed prejudice the maintenance of law(g) advice concerning litigation or advice that would otherwise be privileged from productionin legal proceedings on the ground of legal professional privilege

Reason The item relates to personnel matters regarding staff performance circumstances and hardship of a ratepayer enforcement of the law and privileged legal advice

19 CONCLUSION OF THE MEETING

END OF BUSINESS PAPER

1 OPENING amp Welcome

2 Prayer

3 Acknowledgement of Country

4 webcast information

5 apologies amp applications for leave of absence by councillors

6 disclosures amp declarations of interest

7 confirmation of minutes

71 Ordinary Meeting of Council held 27 July 2021

8 tabling of petitions

9 urgent supplementary and late items of business

91 Late Report to Council -


92 Urgent items

93 Supplementary Items

10 written reports from delegates

11 items passed in bulk

12 mayoral minute

121 Mayoral Minute ndash Condolences to Cr OrsquoConnor

122 Mayoral Minute - Review of Council Delegations

13 public forumpresentation

14 report of committees

15 reports to council

152 Proposed Dates - Budget Review and Finance Committee Meeting Schedule 2021-2022

153 Draft Policy Disposal of Assets 2021

154 Consideration of Constitutional Referendum for Number of Councillors and Wards questions

155 Operational Plan 2020-21 Quarterly Progress Report as at 30 June 2021

156 Uralla Shire Council Drought Management Plan ndash Updated August 2021

157 Transfer of Crown Road ndash Flat Rock Rocky River

158 Works Progress Report as at 31 July 2021

159 Bundarra Sewerage Scheme ndash Project Update Report

1510 Resolutions Register Action Status

16 motions on noticequestions with notice

161 Notice of Motion ndash Amendments to the 20212022 Schedule of Fees and Charges

17 confidential matters

171 CONFIDENTIAL - Status of Emergency Order DA-43-2017

172 CONFIDENTIAL Notice of Motion Council to consider suspension of delegated planning authority




18 communication of council decisions

19 conclusion of the meeting

71 Minutes 27 July 2021 Ordinary Meeting - UnconfirmedPDF


2 PRAYER

3 AKNOWLEDGEMENT OF COUNTRY


5 APOLOGIES amp APPLICATION FOR LEAVE OF ABSENCES BY COUNCILLORS

6 DISCLOSURES amp DECLARATIONS OF INTERESTS

7 CONFIRMATION OF MINUTES

71 MINUTES Ordinary Meeting of Council held 29 June 2021

72 MINUTES Extraordinary Meeting of Council held 2 July 2021




91 LATE REPORTS TO COUNCIL ndash NIL

92 URGENT ITEMS

93 SUPPLEMENTARY ITEMS - Nil

10 WRITTEN REPORT FROM DELEGATES

101 ACTIVITIES SUMMARIES

11 ITEMS PASSED IN BULK

12 MAYORAL MINUTE

121 MAYORAL MINUTE Australian Local Government Association National Assembly Report

122 MAYORAL MINUTE Council advocacy - re closure of NAB Uralla Branch

13 PUBLIC FORUMPRESENTATIONS

131 Speaker 1 Mr Frank Falcomata ndash Item 154 Title DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana

132 Speaker 2 Ms Belinda Banister ndash Item 154 Title DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana

133 Speaker 3 Darron Phillips ndash Item 155 DA-31-2021 8A King Street URALLA - Primitive Camping Disabled Toilet amp Shower and Dump Site


15 REPORTS TO COUNCIL

154 DA-30-2021 ndash 73 MacLeay Way Saumarez Ponds - Cabana

155 DA-31-2021 8A King Street URALLA - Primitive Camping Disabled Toilet amp Shower and Dump Site


152 Media Policy 2021

153 Policy Update Following Feedback from Councillors

156 Community Participation Plan

157 Hampden Park Change of Name to Sunny Jim Mackay Park

158 Works Program


1510 Uralla Shire Business Chamber Awards Partnership Opportunity

1511 Resolution Register Action Status

16 MOTIONS ON NOTICE QUESTIONS WITH NOTICE


171 CONFIDENTIAL - Application for Relief under Water amp Sewerage Refund Policy 2017 - Assessment 10778

172 CONFIDENTIAL - Application for Relief under Water amp Sewerage Refund Policy ndash Assessment 8269

173 CONFIDENTIAL ndash Supply and Delivery Landfill Compactor amp Waste Spec Front End Loader - RFT969979 amp RFT969981 Evaluation Recommendation

174 CONFIDENTIAL - Request for Quotations for Kerbside Waste Collection

175 CONFIDENTIAL ndash Request for Tender for Groundwater Investigations


19 CLOSURE OF MEETING


72 Minutes Extraordinary Meeting 17 August 2021 - UNCONFIRMEDPDF


2 PRAYER

3 ACKNOWLEDGEMENT TO COUNTRY


5 APOLOGIES

6 DISCLOSURES amp DECLARATION OF INTERESTS


71 Project Nominations for Black Summer Bushfire Recovery Grants Program

8 CONFIDENTIAL REPORT

81 SUPPLY AND DELIVERY LANDFILL COMPACTOR amp WASTE SPEC FRONT END LOADER - RFT969979 amp RFT969981 EVALUATION RECOMMENDATION

153 Draft Policy Disposal of Assets 2021pdf

1 OBJECTIVES

2 SCOPE

3 DEFINITIONS

4 STATEMENT

41 Principles

42 Delegation


44 Reason for Disposal

45 Disposal Methods


6 RESPONSIBILITIES

155 Quarterly Progress Report Operational Plan 2020-2021pdf

Measuring our progress

Organisational Performance

Detailed Performance Report

156 2021 Attachment - Drought Management Plan Revision 3 - August 2021pdf

1 DROUGHT MANAGEMENT PLAN

2 WATER SUPPLY SYSTEMS








Figure 2 BOM Annual Rainfall Data Bundarra Post Office 1884 ‐ 20201F

Figure 3 BOM Annual Rainfall Data Uralla Dumaresq Street 1901 ‐ 20202F


32 Water Resources



4 PRE‐DROUGHT PLANNING


42 Operating Rules




5 DROUGHT MANAGEMENT ACTION PLAN




Table 2 Drought Management Action Plan (Bundarra and Uralla)



Table 5 Specific Water Restriction Measures

Table 6 Trigger points for applying restrictions Uralla and Bundarra

54 Communication




Water Carting

Rationing



61 Post‐Drought Evaluation amp Revision



7 Appendix 1

71 Definitions

159 Attachment 0 Combined - Bundarra Sewerage Schemepdf

159 Attachment 2 - Bundarra Sewerage Scheme - Program

159 Attachment 1 - Bundarra Sewerage Scheme - Cashflow - July 21 - rev3

Sheet1

159 Attachment 3 - Bundarra Sewerage Scheme - Funding Deed

CONTENTS 1 OPENING amp WELCOME 32 PRAYER 3 3 ACKNOWLEDGEMENT OF COUNTRY 3 4 WEBCAST INFORMATION 3 5 APOLOGIES amp APPLICATIONS FOR LEAVE OF ABSENCE BY COUNCILLORS 3 6 DISCLOSURES amp DECLARATIONS OF INTEREST 3 7 CONFIRMATION OF MINUTES 4

71 Ordinary Meeting of Council held 27 July 2021 4 72 Extraordinary Meeting of Council held 17 August 2021 34

8 TABLING OF PETITIONS 409 URGENT SUPPLEMENTARY AND LATE ITEMS OF BUSINESS 40

91 Late Report to Council - 40 Uralla 711 and 712 Developer Contributions Plans 40

92 Urgent items 40 93 Supplementary Items 40

10 WRITTEN REPORTS FROM DELEGATES 4011 ITEMS PASSED IN BULK 4012 MAYORAL MINUTE 41

121 Mayoral Minute ndash Condolences to Cr OrsquoConnor 41 122 Mayoral Minute - Review of Council Delegations 42

13 PUBLIC FORUMPRESENTATION 4314 REPORT OF COMMITTEES 4315 REPORTS TO COUNCIL 44

151 Cash at Bank and Investments 44 152 Proposed Dates - Budget Review and Finance Committee Meeting Schedule 2021-2022 48 153 Draft Policy Disposal of Assets 2021 50 154 Consideration of Constitutional Referendum for Number of Councillors and Wards questions 59 155 Operational Plan 2020-21 Quarterly Progress Report as at 30 June 2021 63 156 Uralla Shire Council Drought Management Plan ndash Updated August 2021 124 157 Transfer of Crown Road ndash Flat Rock Rocky River 151 158 Works Progress Report as at 31 July 2021 155159 Bundarra Sewerage Scheme ndash Project Update Report 1611510 Resolutions Register Action Status 206

16 MOTIONS ON NOTICEQUESTIONS WITH NOTICE 219161 Notice of Motion ndash Amendments to the 20212022 Schedule of Fees and Charges 219

17 CONFIDENTIAL MATTERS 225 171 CONFIDENTIAL - Status of Emergency Order DA-43-2017 225 172 CONFIDENTIAL Notice of Motion Council to consider suspension of delegated planning

authority 225

171 172

18 COMMUNICATION OF COUNCIL DECISIONS 226 19 CONCLUSION OF THE MEETING 226

2 PRAYER

MINUTES of

Cr R Bell

Cr R Crouch

Cr M Dusting

Cr N Ledger

Cr T OrsquoConnor

Cr T Toomey

Cr L Sampson

UNCONFIRMED

2 PRAYER 4

92 URGENT ITEMS 6

UNCONFIRMED

NUMBER

NATURE OF INTEREST

Friendship

ANNOUNCEMENTS

UNCONFIRMED

010721 CARRIED

020721 CARRIED

030721 CARRIED

UNCONFIRMED

Uralla

UNCONFIRMED

Uralla

Saumarez Ponds

UNCONFIRMED

Uralla

UNCONFIRMED

Uralla

UNCONFIRMED

12 MAYORAL MINUTE

ASSEMBLY REPORT

060721 CARRIED

070721 CARRIED

UNCONFIRMED

090721 CARRIED

100721 CARRIED

UNCONFIRMED

Erection of signs

GENERAL CONDITIONS

UNCONFIRMED

b) The Council

110721 CARRIED

UNCONFIRMED

120721 CARRIED

130721 CARRIED

UNCONFIRMED

Erection of signs

GENERAL CONDITIONS

Conditions of use

UNCONFIRMED

b) The Council

UNCONFIRMED

140721 CARRIED

UNCONFIRMED

180721 CARRIED

190721 CARRIED

UNCONFIRMED

210721 CARRIED

220721 CARRIED

230721 CARRIED

UNCONFIRMED

240721 CARRIED

250721 CARRIED

260721 CARRIED

UNCONFIRMED

280721 CARRIED

290721 CARRIED

300721 CARRIED

310721 CARRIED

UNCONFIRMED

320721 CARRIED

330721 CARRIED

340721 CARRIED

350721 CARRIED

UNCONFIRMED

360721 CARRIED

370721 CARRIED

UNCONFIRMED

380721 CARRIED

RECOMMENDATION

390721 CARRIED

400721 CARRIED

UNCONFIRMED

410721 CARRIED

420721 CARRIED

430721 CARRIED

UNCONFIRMED

440721 CARRIED

RESOLUTION NUMBER

UNCONFIRMED

UINT219936

UNCONFIRMED

TABLE OF CONTENTS

UNCONFIRMED

PROGRAM

X030821 CARRIED

UNCONFIRMED

X040821 CARRIED

X050821 CARRIED

UNCONFIRMED

X080821 CARRIED

UNCONFIRMED

12 MAYORAL MINUTE

TRIM UINT2110097

TRIM UINT2110049

Department Finance

SUMMARY

BACKGROUND

REPORT

KEY ISSUES

That Council note

RECOMMENDATION

TRIM UINT2110069

3 Financial (LTFP)

5 Workforce (WMS)

$34756109

$319261131

$1410731876

Commonwealth Bank

Suncorp

AMPANZ

Professional Funds

Institution

Suncorp

165 $3744060168 $1839271176 $9842642177 $7877495181 $000186 $000187 $9829512188 $2665914189 $18002297190 $142951026

PurposeMGH Property

SUMMARY

RECOMMENDATION

accommodates this

CONCLUSION

SUMMARY

RECOMMENDATION

REPORT

CONCLUSION

Code of Conduct

Procurement Policy

Policy

Disposal of Assets

ATTACHMENT 153

Resolution No

Document History

TABLE OF CONTENTS

1 OBJECTIVES 2

1 OBJECTIVES

2 SCOPE

3 DEFINITIONS

4 STATEMENT

41 Principles

42 Delegation

45 Disposal Methods

6 RESPONSIBILITIES

a Pros (For)

b Cons (Against)

Manager Governance

30 JUNE 2021

SUMMARY

RECOMMENDATION

REPORT

Action Status

at 30 June 2021

Society

Our Economy

Our Environment

Our Leadership

4 5 6 4 19 99

1 4 6 11 57

1 3 4 21

Total 47 38 36 71 192 100

CONCLUSION

12 Financial (LTFP)

14 Workforce (WMS)

tiviti

ilrsquos 2

ityrsquos

rsquos vi

ilrsquos D

is ill

rsquos O

errsquos

bull CF

errsquos

bull M

errsquos

bull DI

t bull

bull M

t bull

bull CC

bull LI

bull CT

bull TP

bull M

ndash 2

ltatio

ristic

abilit

r driv

ith th

ity to

ilitie

ire th

ith th

lla li

rterly

t of a

ith th

abilit

rictio

tiviti

itatio

ties f

tiviti

ith th

rterly

l flig

t airp

acilit

abilit

tre is

esilie

amp Ec

amp Dev

t Stra

amp Dev

f prio

italis

amp Dev

rtific

ills o

itor a

amp Dev

ith fu

ilienc

esilie

l brid

s with

s of a

tial i

amp Dev

amp Se

amp Dev

lic sp

ity to

t of L

tiviti

amp Se

lla la

amp Se

s of e

ity is

ith th

amp Dev

tiviti

amp Se

fill s

amp Se

rra la

amp Se

limite

amp Se

t crit

lly so

amp Se

ith la

amp Se

rief u

t with

amp Se

t of t

amp Se

amp Dev

ity th

t of t

amp Dev

itor t

rterly

rly re

illors

ith th

ity in

ncillo

an amp

ncillo

tiviti

ilienc

ncillo

illors

ncillo

tiviti

ties o

ith le

amp Dev

rtific

ith th

t Pric

rterly

ll fin

abilit

it fro

ith th

ill be

amp Dev

ith th

t of t

trativ

amp Se

e amp D

amp Dev

r of g

ith lo

riorit

t prio

amp Dev

ity la

amp Dev

ity la

aff amp

illors

rter r

riatio

r of 2

ills a

abilit

amp Sa

ith re

rterly

August 2021

SUMMARY

RECOMMENDATION

REPORT

That Council

CONCLUSION

ATTACHMENT 156

Status Revised Plan

T (02) 6778 6300

and Development

June 2018

and Development

March 2019

and Development

August 2021

54 Communication 16

Water Carting 17

Rationing 17

7 Appendix 1 20

71 Definitions 20

List of Figures

List of Tables

Water Supply System

Population Served1

Past Drought

Experience

1 2016 Census data

32 Water Resources

42 Operating Rules

bull Ac

n bull

bull Es

bull Re

n bull

liaiso

ith ke

ent ndash

bull U

itorin

l of W

l of r

s of d

bull Im

rictio

bull Co

y) lia

t ndash

bull U

itorin

l of W

l of i

tly im

bull Im

rictio

bull St

ith la

bull Tw

) bull

bull N

t ndash W

l of W

s with

t allo

l of r

bull Im

rictio

bull St

bull Da

ily re

bull Re

bull Im

rictio

bull Al

ndash m

tial u

bull Re

bull Da

ily re

bull Re

bull Im

r 1 re

ndash 1

bull Im

r 2 re

ndash 4

l of W

rictio

rict t

Drought Response

(95 average)

2 Moderate

(90 average)

3 High

(85 average)

4 Very High

(75 average)

5 Emergency

(50 average)

(43 average)

(30 average)

Drought Response

(95 average)

2 Moderate

(90 average)

3 High

(85 average)

4 Very High

(75 average)

5 Emergency

(50 average)

(43 average)

(32 average)

tivity

fficie

cil re

s with

il per

for gt

il per

for gt

Fillin

ncil p

r gt5k

ncil p

r gt5k

Fillin

il per

for gt

il per

ncil p

ll tim

t of f

ith th

1 Low 64 70

2 Moderate 52 60

3 High 44 50

4 Very High 32 40

5 Emergency 25 30

pressure of 100kPa

Roads Act 1993

Hi Terry

Thanks

Regards

ATTACHMENT 157

1Scale

11 m23 34

SANDON

URALLA

30062021 105019 AM

DPIobrienr

County

Suburb ROCKY RIVER

Author

Parish

URALLA

Map Created

Contact us

Lodgement

Mail to

Council Name

Contact Officer

Signed______________________________________ Date__________________

Postal Address

Phone Mobile

Reference

Property Name

Property Address

Town Locality LGA

Parish County

LotDP number

Area (m2ha)

LA 300

bull Bridge Sign

bull Town and Parks

Uralla

Funded Restart NSW

CONCLUSION

13 Financial (LTFP)

15 Workforce (WMS)

IDTask

rb amp

ual Task

ual Su

al Task

ft - C

NSWCA 123

SUMMARY

RECOMMENDATION

That Council

REPORT

CONCLUSION

$56000

Constructio

n of Bun

darra Sewerage

me ‐ R

FT 100

2Pre‐Co

nstructio

Thu 12

ard ‐23 Nov

00 days

are and Subm

it Managem

20 days

Fri 1812

are and Subm

Constructio

n Programme

11 days

n of Und

ertakings

11 days

n of Insurances

11 days

8Set u

p site compo

und ‐ site

establish

Tue 812

are and Subm

it Dilapidatio

15 days

Tue 812

tance8 days

Fri 80121

proval to

Constructio

n0 days

Fri 80121

12Procure HDP

E Pipe

40 days

Thu 27

3FS+25

60 days

Thu 12

14Procure HDP

E Pipe

20 days

Tue 202

3FS+25

mp Station

50 days

Tue 16

3FS+25

50 days

3FS+25

nstructio

18Mileston

e 1 ‐ STP

amp Irrig

System

164 da

Thu 26

19Staged

Preparatio

n of STP

incl te

mp access strip and

level site

26 days

20Staged

Bulk Excavatio

n of STP

48 days

1119SS+5

tailed Excavatio

Oxidatio

nd 1 (incl

section

intercon

necting pipe

face and

pact amp ro

ckbreaching as req

uired)

15 days

Fri 60821

20SS+15

- site

amp Ir

Detailed Excavatio

Oxidatio

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2602

tailed Excavatio

Maturation Po

nd 1 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 1203

Tue 10

tailed Excavatio

Maturation Po

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2603

tailed Excavatio

n of W

Storage Po

nd (incl tyne face

and lim

ecompact clay layer

overflo

w pipe)

15 days

Fri 90421

Thu 12

26Strip

5 days

Tue 903

Tue 18

19FS+15

27Irrigation Pu

ilding

ns amp Base Slab

5 days

Tue 16

28Steel Frame for B

uilding

5 days

Tue 23

5 days

Tue 30

ors amp

5 days

Tue 604

31Mech Elec Fito

ut Irrig

Building

40 days

Tue 13

Fri 90721

32Supp

System

incl rock excavatio

Tue 16

33System

Test Com

ioning

5 days

323125

34Final Trim

atters amp Site

storation

5 days

35Prep

are and subm

it Draft

amp Draft OampM

10 days

Fri 90721

Tue 17

36Principal Review

5 days

Tue 24

37Prep

are and Subm

it Final

2 days

Thu 26

38Mileston

e 2 ‐ T

ransfer P

1545 da

Tue 709

125 HDP

E Risin

g Main ‐

STP Bd

y to SPS Site

40 days

Fri 60821

ns amp

rs amp

ly amp

l Trim

rs amp

Installatio

n of DN12

Creek Crossin

‐CH1

955 incl Con

Encase

5 days

Thu 508

39FS‐10

41Installatio

n of DN12

Creek Crossin

‐CH2

071 incl Con

Encase

2 days

Thu 508

42Installatio

n of Barom

3 days

43Package Pu

mp Station

Installatio

Thu 508

44Gravity Pipew

ork ‐ SPS Inlet

work‐‐gtInlet M

xy coated)‐‐gt

Barometric

10 days

Fri 60821

lve Pit incl Fito

ut3 days

Thu 20

46DICL SRM

ork incl

Bypass pit

5 days

rometric

p5 days

10 days

Fri 40621

nnectio

n to DN12

5 days

Tue 10

drostatic

Testin

7 days

Tue 10

Thu 19

51Supp

ly amp Install Con

duits and

oard Platform

24 days

Fri 2506

52Install Pum

p Station

Switchb

7 days

Tue 106

Fri 20721

mp Station Co

mmisisoning

10 days

Thu 508

54Prep

are and Subm

it Draft

amp Draft OampM

15 days

Fri 20721

Tue 24

55Principal Review

5 days

Tue 24

Tue 31

56Prep

are and Subm

it Final

5 days

Tue 31

Tue 709

57Mileston

e 3 ‐ O

n‐Prop

erty W

orks26

Tue 18

58Prep

are prop

erty aud

its docs

amp com

35 days

Fri 1308

l Fito

ly amp

Installatio

n of 167

No Single

Pump Pressure Units

includ

ing BK

ied lots

110 days

Thu 912

1113SS+15

days58SS

60Installatio

n 8 Du

al Pum

p Pressure Units

8 days

Thu 912

Tue 21

61Installatio

n of 168

70 days

Tue 29

Fri 51121

111358

62Installatio

n of Reticulation

Mains and

Sidelines to

undary Kits

90 days

63Installatio

n of DN63

emeer B

ridge incl

Brackets and

Lagging as re

15 days

drostatic

Testin

ticulation Mains

8 days

Fri 51121

616263

mmisisoning

of all Pressure

Sewer Units

20 days

Tue 21

Tue 18

66Prep

are and Subm

it Draft

amp Draft OampM

15 days

Thu 912

Thu 30

67Principal Review

5 days

Thu 30

Thu 601

68Prep

are and Subm

it Final

amp OampM

7 days

Thu 601

69Mileston

e 4 ‐ P

Tue 18

Tue 103

nnectio

n of 171

to new

Pressure Sewer

Network

30 days

Tue 18

Tue 103

655334

71Practical Com

pletion

0 days

Tue 103

st Con

struction Ac

tivities

73Prep

are and Subm

nnectio

n Diagrams

Tue 103

74Subm

it Final Q

A Package

Tue 103

mpletion

0 days

737468

amp PR

amp BK

es amp

ot amp

riatio

Milest

ce Req

nstlld

f of p

epartm

ted fo

nrurre

ing co

ntinge

ncy fu

ject i

ndi111

(furth

er cost

100 with

her cost

$56448

Hi Nathalie

ATTACHMENT 159 44

Court of Appeal

Supreme Court

New South Wales

Ward JA at [2]

Leeming JA at [3]

that leave

2 Appeal dismissed

structure of Act

67A 67B 220 377 402 404 405 608 610 610B

610C 610D 610F 611 729

[2007] NSWCA 152 153 LGERA 219

HCA 19 216 CLR 595

[2014] NSWCA 404 206 LGERA 40

HCA 2 89 ALJR 312

[2014] NSWCA 149 86 NSWLR 499

186 75 NSWLR 42

HCA 30 238 CLR 489

HCA 38 190 CLR 513

[2005] NSWSC 365

LGERA 148

6 46 NSWLR 78

Solicitors

Before Darke J

HEADNOTE

88 ALJR 847 applied

followed

JUDGMENT

Background

Agreement possible

government area)

fees paid

to its claim

address

SIRTES Quite so

this issue

contract

Issues on appeal

on appeal

follows

orally

Division 3

47 CLR 1 at 7

the effect that

and at [129]

$6222 (20072008)rdquo

follows

be rejected

certificate)

been pleaded

executed

Orders and costs

2 Appeal dismissed

Amendments

purpose

(3) (Repealed)

Regards

New South Wales

2 Appeal dismissed

ATTACHMENT 159 55

Before Darke J

HEADNOTE

88 ALJR 847 applied

followed

Agreement possible

government area)

fees paid

to its claim

address

SIRTES Quite so

this issue

contract

on appeal

follows

orally

Division 3

47 CLR 1 at 7

the effect that

and at [129]

$6222 (20072008)rdquo

follows

be rejected

certificate)

been pleaded

executed

2 Appeal dismissed

August 2021

RECOMMENDATION

l ndash K

3 ndash

ndash t

2 ndash

6 ndash

ldquoF

rdquoa

ldquoUra

llardquo

ldquoFin

lfrdquo

ldquoCo

rdquo in

ldquoFib

irdquod

lic in

smdashin

cilrsquo

llel t

7 ndash

ndash R

lrsquos

rrsquos

l will

ndash A

ip amp

lls in

cilrsquo

Hill Str

ndash A

middot

cilrsquo

B ndash

cilrsquo

b ndash

LrsquoS

Srsquo

cilrsquo

1 ndash

bull 6

d lsquo

rsquo a

bull 4

te lsquo

lrsquos

nrsquo

o lsquo

rsquo a

lsquoSu

rkrsquo

e ndash

ndash A

L ndash

OF FEES AND CHARGES

SUMMARY

MOTION

That Council

1 | P a g e

2 | P a g e

No staff comment

3 | P a g e

COMMENTS

Cr Tom OrsquoConnor

ATTACHMENT 161

EXECUTIVE ADVICE

6 Financial (LTFP)

8 Workforce (WMS)

2 Prayer






92 Urgent items




12 mayoral minute



























2 PRAYER












92 URGENT ITEMS





12 MAYORAL MINUTE
















158 Works Program
















2 PRAYER



5 APOLOGIES







1 OBJECTIVES

2 SCOPE

3 DEFINITIONS

4 STATEMENT

41 Principles

42 Delegation



45 Disposal Methods


6 RESPONSIBILITIES


















32 Water Resources





42 Operating Rules













54 Communication




Water Carting

Rationing






7 Appendix 1

71 Definitions




Sheet1


2 PRAYER

MINUTES of

Cr R Bell

Cr R Crouch

Cr M Dusting

Cr N Ledger

Cr T OrsquoConnor

Cr T Toomey

Cr L Sampson

UNCONFIRMED

2 PRAYER 4

92 URGENT ITEMS 6

UNCONFIRMED

NUMBER

NATURE OF INTEREST

Friendship

ANNOUNCEMENTS

UNCONFIRMED

010721 CARRIED

020721 CARRIED

030721 CARRIED

UNCONFIRMED

Uralla

UNCONFIRMED

Uralla

Saumarez Ponds

UNCONFIRMED

Uralla

UNCONFIRMED

Uralla

UNCONFIRMED

12 MAYORAL MINUTE

ASSEMBLY REPORT

060721 CARRIED

070721 CARRIED

UNCONFIRMED

090721 CARRIED

100721 CARRIED

UNCONFIRMED

Erection of signs

GENERAL CONDITIONS

UNCONFIRMED

b) The Council

110721 CARRIED

UNCONFIRMED

120721 CARRIED

130721 CARRIED

UNCONFIRMED

Erection of signs

GENERAL CONDITIONS

Conditions of use

UNCONFIRMED

b) The Council

UNCONFIRMED

140721 CARRIED

UNCONFIRMED

180721 CARRIED

190721 CARRIED

UNCONFIRMED

210721 CARRIED

220721 CARRIED

230721 CARRIED

UNCONFIRMED

240721 CARRIED

250721 CARRIED

260721 CARRIED

UNCONFIRMED

280721 CARRIED

290721 CARRIED

300721 CARRIED

310721 CARRIED

UNCONFIRMED

320721 CARRIED

330721 CARRIED

340721 CARRIED

350721 CARRIED

UNCONFIRMED

360721 CARRIED

370721 CARRIED

UNCONFIRMED

380721 CARRIED

RECOMMENDATION

390721 CARRIED

400721 CARRIED

UNCONFIRMED

410721 CARRIED

420721 CARRIED

430721 CARRIED

UNCONFIRMED

440721 CARRIED

RESOLUTION NUMBER

UNCONFIRMED

UINT219936

UNCONFIRMED

TABLE OF CONTENTS

UNCONFIRMED

PROGRAM

X030821 CARRIED

UNCONFIRMED

X040821 CARRIED

X050821 CARRIED

UNCONFIRMED

X080821 CARRIED

UNCONFIRMED

12 MAYORAL MINUTE

TRIM UINT2110097

TRIM UINT2110049

Department Finance

SUMMARY

BACKGROUND

REPORT

KEY ISSUES

That Council note

RECOMMENDATION

TRIM UINT2110069

3 Financial (LTFP)

5 Workforce (WMS)

$34756109

$319261131

$1410731876

Commonwealth Bank

Suncorp

AMPANZ

Professional Funds

Institution

Suncorp

165 $3744060168 $1839271176 $9842642177 $7877495181 $000186 $000187 $9829512188 $2665914189 $18002297190 $142951026

PurposeMGH Property

SUMMARY

RECOMMENDATION

accommodates this

CONCLUSION

SUMMARY

RECOMMENDATION

REPORT

CONCLUSION

Code of Conduct

Procurement Policy

Policy

Disposal of Assets

ATTACHMENT 153

Resolution No

Document History

TABLE OF CONTENTS

1 OBJECTIVES 2

1 OBJECTIVES

2 SCOPE

3 DEFINITIONS

4 STATEMENT

41 Principles

42 Delegation

45 Disposal Methods

6 RESPONSIBILITIES

a Pros (For)

b Cons (Against)

Manager Governance

30 JUNE 2021

SUMMARY

RECOMMENDATION

REPORT

Action Status

at 30 June 2021

Society

Our Economy

Our Environment

Our Leadership

4 5 6 4 19 99

1 4 6 11 57

1 3 4 21

Total 47 38 36 71 192 100

CONCLUSION

12 Financial (LTFP)

14 Workforce (WMS)

tiviti

ilrsquos 2

ityrsquos

rsquos vi

ilrsquos D

is ill

rsquos O

errsquos

bull CF

errsquos

bull M

errsquos

bull DI

t bull

bull M

t bull

bull CC

bull LI

bull CT

bull TP

bull M

ndash 2

ltatio

ristic

abilit

r driv

ith th

ity to

ilitie

ire th

ith th

lla li

rterly

t of a

ith th

abilit

rictio

tiviti

itatio

ties f

tiviti

ith th

rterly

l flig

t airp

acilit

abilit

tre is

esilie

amp Ec

amp Dev

t Stra

amp Dev

f prio

italis

amp Dev

rtific

ills o

itor a

amp Dev

ith fu

ilienc

esilie

l brid

s with

s of a

tial i

amp Dev

amp Se

amp Dev

lic sp

ity to

t of L

tiviti

amp Se

lla la

amp Se

s of e

ity is

ith th

amp Dev

tiviti

amp Se

fill s

amp Se

rra la

amp Se

limite

amp Se

t crit

lly so

amp Se

ith la

amp Se

rief u

t with

amp Se

t of t

amp Se

amp Dev

ity th

t of t

amp Dev

itor t

rterly

rly re

illors

ith th

ity in

ncillo

an amp

ncillo

tiviti

ilienc

ncillo

illors

ncillo

tiviti

ties o

ith le

amp Dev

rtific

ith th

t Pric

rterly

ll fin

abilit

it fro

ith th

ill be

amp Dev

ith th

t of t

trativ

amp Se

e amp D

amp Dev

r of g

ith lo

riorit

t prio

amp Dev

ity la

amp Dev

ity la

aff amp

illors

rter r

riatio

r of 2

ills a

abilit

amp Sa

ith re

rterly

August 2021

SUMMARY

RECOMMENDATION

REPORT

That Council

CONCLUSION

ATTACHMENT 156

Status Revised Plan

T (02) 6778 6300

and Development

June 2018

and Development

March 2019

and Development

August 2021

54 Communication 16

Water Carting 17

Rationing 17

7 Appendix 1 20

71 Definitions 20

List of Figures

List of Tables

Water Supply System

Population Served1

Past Drought

Experience

1 2016 Census data

32 Water Resources

42 Operating Rules

bull Ac

n bull

bull Es

bull Re

n bull

liaiso

ith ke

ent ndash

bull U

itorin

l of W

l of r

s of d

bull Im

rictio

bull Co

y) lia

t ndash

bull U

itorin

l of W

l of i

tly im

bull Im

rictio

bull St

ith la

bull Tw

) bull

bull N

t ndash W

l of W

s with

t allo

l of r

bull Im

rictio

bull St

bull Da

ily re

bull Re

bull Im

rictio

bull Al

ndash m

tial u

bull Re

bull Da

ily re

bull Re

bull Im

r 1 re

ndash 1

bull Im

r 2 re

ndash 4

l of W

rictio

rict t

Drought Response

(95 average)

2 Moderate

(90 average)

3 High

(85 average)

4 Very High

(75 average)

5 Emergency

(50 average)

(43 average)

(30 average)

Drought Response

(95 average)

2 Moderate

(90 average)

3 High

(85 average)

4 Very High

(75 average)

5 Emergency

(50 average)

(43 average)

(32 average)

tivity

fficie

cil re

s with

il per

for gt

il per

for gt

Fillin

ncil p

r gt5k

ncil p

r gt5k

Fillin

il per

for gt

il per

ncil p

ll tim

t of f

ith th

1 Low 64 70

2 Moderate 52 60

3 High 44 50

4 Very High 32 40

5 Emergency 25 30

pressure of 100kPa

Roads Act 1993

Hi Terry

Thanks

Regards

ATTACHMENT 157

1Scale

11 m23 34

SANDON

URALLA

30062021 105019 AM

DPIobrienr

County

Suburb ROCKY RIVER

Author

Parish

URALLA

Map Created

Contact us

Lodgement

Mail to

Council Name

Contact Officer

Signed______________________________________ Date__________________

Postal Address

Phone Mobile

Reference

Property Name

Property Address

Town Locality LGA

Parish County

LotDP number

Area (m2ha)

LA 300

bull Bridge Sign

bull Town and Parks

Uralla

Funded Restart NSW

CONCLUSION

13 Financial (LTFP)

15 Workforce (WMS)

IDTask

rb amp

ual Task

ual Su

al Task

ft - C

NSWCA 123

SUMMARY

RECOMMENDATION

That Council

REPORT

CONCLUSION

$56000

Constructio

n of Bun

darra Sewerage

me ‐ R

FT 100

2Pre‐Co

nstructio

Thu 12

ard ‐23 Nov

00 days

are and Subm

it Managem

20 days

Fri 1812

are and Subm

Constructio

n Programme

11 days

n of Und

ertakings

11 days

n of Insurances

11 days

8Set u

p site compo

und ‐ site

establish

Tue 812

are and Subm

it Dilapidatio

15 days

Tue 812

tance8 days

Fri 80121

proval to

Constructio

n0 days

Fri 80121

12Procure HDP

E Pipe

40 days

Thu 27

3FS+25

60 days

Thu 12

14Procure HDP

E Pipe

20 days

Tue 202

3FS+25

mp Station

50 days

Tue 16

3FS+25

50 days

3FS+25

nstructio

18Mileston

e 1 ‐ STP

amp Irrig

System

164 da

Thu 26

19Staged

Preparatio

n of STP

incl te

mp access strip and

level site

26 days

20Staged

Bulk Excavatio

n of STP

48 days

1119SS+5

tailed Excavatio

Oxidatio

nd 1 (incl

section

intercon

necting pipe

face and

pact amp ro

ckbreaching as req

uired)

15 days

Fri 60821

20SS+15

- site

amp Ir

Detailed Excavatio

Oxidatio

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2602

tailed Excavatio

Maturation Po

nd 1 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 1203

Tue 10

tailed Excavatio

Maturation Po

nd 2 (incl

intercon

necting pipe

face and

limecompact

clay layer

15 days

Fri 2603

tailed Excavatio

n of W

Storage Po

nd (incl tyne face

and lim

ecompact clay layer

overflo

w pipe)

15 days

Fri 90421

Thu 12

26Strip

5 days

Tue 903

Tue 18

19FS+15

27Irrigation Pu

ilding

ns amp Base Slab

5 days

Tue 16

28Steel Frame for B

uilding

5 days

Tue 23

5 days

Tue 30

ors amp

5 days

Tue 604

31Mech Elec Fito

ut Irrig

Building

40 days

Tue 13

Fri 90721

32Supp

System

incl rock excavatio

Tue 16

33System

Test Com

ioning

5 days

323125

34Final Trim

atters amp Site

storation

5 days

35Prep

are and subm

it Draft

amp Draft OampM

10 days

Fri 90721

Tue 17

36Principal Review

5 days

Tue 24

37Prep

are and Subm

it Final

2 days

Thu 26

38Mileston

e 2 ‐ T

ransfer P

1545 da

Tue 709

125 HDP

E Risin

g Main ‐

STP Bd

y to SPS Site

40 days

Fri 60821

ns amp

rs amp

ly amp

l Trim

rs amp

Installatio

n of DN12

Creek Crossin

‐CH1

955 incl Con

Encase

5 days

Thu 508

39FS‐10

41Installatio

n of DN12

Creek Crossin

‐CH2

071 incl Con

Encase

2 days

Thu 508

42Installatio

n of Barom

3 days

43Package Pu

mp Station

Installatio

Thu 508

44Gravity Pipew

ork ‐ SPS Inlet

work‐‐gtInlet M

xy coated)‐‐gt

Barometric

10 days

Fri 60821

lve Pit incl Fito

ut3 days

Thu 20

46DICL SRM

ork incl

Bypass pit

5 days

rometric

p5 days

10 days

Fri 40621

nnectio

n to DN12

5 days

Tue 10

drostatic

Testin

7 days

Tue 10

Thu 19

51Supp

ly amp Install Con

duits and

oard Platform

24 days

Fri 2506

52Install Pum

p Station

Switchb

7 days

Tue 106

Fri 20721

mp Station Co

mmisisoning

10 days

Thu 508

54Prep

are and Subm

it Draft

amp Draft OampM

15 days

Fri 20721

Tue 24

55Principal Review

5 days

Tue 24

Tue 31

56Prep

are and Subm

it Final

5 days

Tue 31

Tue 709

57Mileston

e 3 ‐ O

n‐Prop

erty W

orks26

Tue 18

58Prep

are prop

erty aud

its docs

amp com

35 days

Fri 1308

l Fito

ly amp

Installatio

n of 167

No Single

Pump Pressure Units

includ

ing BK

ied lots

110 days

Thu 912

1113SS+15

days58SS

60Installatio

n 8 Du

al Pum

p Pressure Units

8 days

Thu 912

Tue 21

61Installatio

n of 168

70 days

Tue 29

Fri 51121

111358

62Installatio

n of Reticulation

Mains and

Sidelines to

undary Kits

90 days

63Installatio

n of DN63

emeer B

ridge incl

Brackets and

Lagging as re

15 days

drostatic

Testin

ticulation Mains

8 days

Fri 51121

616263

mmisisoning

of all Pressure

Sewer Units

20 days

Tue 21

Tue 18

66Prep

are and Subm

it Draft

amp Draft OampM

15 days

Thu 912

Thu 30

67Principal Review

5 days

Thu 30

Thu 601

68Prep

are and Subm

it Final

amp OampM

7 days

Thu 601

69Mileston

e 4 ‐ P

Tue 18

Tue 103

nnectio

n of 171

to new

Pressure Sewer

Network

30 days

Tue 18

Tue 103

655334

71Practical Com

pletion

0 days

Tue 103

st Con

struction Ac

tivities

73Prep

are and Subm

nnectio

n Diagrams

Tue 103

74Subm

it Final Q

A Package

Tue 103

mpletion

0 days

737468

amp PR

amp BK

es amp

ot amp

riatio

Milest

ce Req

nstlld

f of p

epartm

ted fo

nrurre

ing co

ntinge

ncy fu

ject i

ndi111

(furth

er cost

100 with

her cost

$56448

Hi Nathalie

ATTACHMENT 159 44

Court of Appeal

Supreme Court

New South Wales

Ward JA at [2]

Leeming JA at [3]

that leave

2 Appeal dismissed

structure of Act

67A 67B 220 377 402 404 405 608 610 610B

610C 610D 610F 611 729

[2007] NSWCA 152 153 LGERA 219

HCA 19 216 CLR 595

[2014] NSWCA 404 206 LGERA 40

HCA 2 89 ALJR 312

[2014] NSWCA 149 86 NSWLR 499

186 75 NSWLR 42

HCA 30 238 CLR 489

HCA 38 190 CLR 513

[2005] NSWSC 365

LGERA 148

6 46 NSWLR 78

Solicitors

Before Darke J

HEADNOTE

88 ALJR 847 applied

followed

JUDGMENT

Background

Agreement possible

government area)

fees paid

to its claim

address

SIRTES Quite so

this issue

contract

Issues on appeal

on appeal

follows

orally

Division 3

47 CLR 1 at 7

the effect that

and at [129]

$6222 (20072008)rdquo

follows

be rejected

certificate)

been pleaded

executed

Orders and costs

2 Appeal dismissed

Amendments

purpose

(3) (Repealed)

Regards

New South Wales

2 Appeal dismissed

ATTACHMENT 159 55

Before Darke J

HEADNOTE

88 ALJR 847 applied

followed

Agreement possible

government area)

fees paid

to its claim

address

SIRTES Quite so

this issue

contract

on appeal

follows

orally

Division 3

47 CLR 1 at 7

the effect that

and at [129]

$6222 (20072008)rdquo

follows

be rejected

certificate)

been pleaded

executed

2 Appeal dismissed

August 2021

RECOMMENDATION

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OF FEES AND CHARGES

SUMMARY

MOTION

That Council

1 | P a g e

2 | P a g e

No staff comment

3 | P a g e

COMMENTS

Cr Tom OrsquoConnor

ATTACHMENT 161

EXECUTIVE ADVICE

6 Financial (LTFP)

8 Workforce (WMS)

2 Prayer






92 Urgent items




12 mayoral minute



























2 PRAYER












92 URGENT ITEMS





12 MAYORAL MINUTE
















158 Works Program
















2 PRAYER



5 APOLOGIES







1 OBJECTIVES

2 SCOPE

3 DEFINITIONS

4 STATEMENT

41 Principles

42 Delegation



45 Disposal Methods


6 RESPONSIBILITIES


















32 Water Resources





42 Operating Rules













54 Communication




Water Carting

Rationing






7 Appendix 1

71 Definitions




Sheet1


Documents

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