NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 18 May 2011

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        DELEGATIONS—Motion to hear Delegations

4        Director Environment and Planning Report

8.1     Drainage Issues Nambucca Valley Care - Riverside Drive Nambucca Heads

5        Director Engineering Services Report

9.1     Tree Removal/Pruning Application - 484 Upper Warrell Creek Road, Macksville

9.2     Tree Removal/Pruning Application - 407 Gumma Road, Macksville

9.3     Tree Removal/Pruning Application - 127 Wallace Street, Macksville

9.4     Tree Removal/Pruning Application - Lot 53 Gumma Road, Macksville

9.5     Smoke Free Zones    

6        General Manager's Summary of Items to be Discussed in Closed Meeting

11.1   Contract for the Operation and Management of the Macksville Memorial Aquatic Centre

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) (d) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv        DEAL WITH MOTION TO CLOSE THE MEETING

7        MEETING CLOSED TO THE PUBLIC

8        REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

 

Time

Description

Where

OS/CC

Item No

Page No

08.30 - 8.35

Introduction of new staff

Ken Capell (Parks Attendant)

Grant Coleman (Labourer)

Ken Sippel (Parks Attendant)

Adam Jefferson (Labourer)

Brodie McLaughlin (Apprentice Mechanic)

Liam Williams (Trainee Water Attendant)

Michael Porter (Water Attendant)

CC

 

 

 

A bus has been arranged for a series of site inspections (Engineering Services - TB)

8.45 – 9.00

Public Seat / Smoking Policy

Address to Councillors by:

Marion Atcheson (Spoilt Rotten Beauty) 6568 2520

Rob Torelli (Rob's Hair Salon/Barber) 6568 4111

 

OS

9.5

34

9.15 – 9.45

Tour of Road Maintenance Issues

OS

 

 

9.45 - 10.30

Inspection of Drainage Issues at Riverside Gardens

OS

8.1

5

10.30 – 10.45

Morning tea on route

11.00 - 11.30

Tree Inspection Gumma Road and

Inspection of failures in road pavement

 

OS

9.2 & 9.4

14 & 28

11.30 – 12.30

Tree Inspections Wallace Street and

Upper Warrell Creek Road and Inspection of failed road pavement on Taylors Arm Road

 

OS

9.3  9.1

7 & 19

12.30 – 1.00

Lunch

1.00 – 1.20

Operation of the Macksville Aquatic Centre - Presentation by YMCA (Closed Meeting)

 

CC

11.1

CLOSED

1.20 – 1.40

Operation of the Macksville Aquatic Centre –

Presentation by Leah-Shai Pty Ltd (Cummings) (Closed Meeting)

 

CC

11.1

CLOSED

1.40 – 2.00

Consideration of Macksville Aquatic Centre Contract

CC

11.1

CLOSED

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

Pecuniary – must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary – Significant Conflict – Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary – Less Significant Conflict – Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.  The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.  You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

·        It may be appropriate that no action is taken where the potential for conflict is minimal.  However, council officials should consider providing an explanation of why they consider a conflict does not exist.

·        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).  Care needs to be taken when exercising this option.

·        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

·        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

          


General Purpose Committee                                                                                                 18 May 2011

Director Environment & Planning's Report

ITEM 8.1      DA2011/053      180511         Drainage Issues Nambucca Valley Care - Riverside Drive Nambucca Heads

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council will be aware of the drainage issues through and from the Riverside Gardens development in Nambucca Heads.

 

One of the issues is considered to be the size and capacity of the under road culvert at the outlet end of the retention basin.

 

The applicant for the current Development Application 2011/053 Hill-Lockart Architects has sent the email (reproduced below) to Council seeking assistance.

 

 

Recommendation:

 

That Council determine what, if any assistance it can provide or offer Riverside Gardens in addressing the drainage issues associated with the culvert under Riverside Drive at the outlet end of the onsite retention basin.

 

 

OPTIONS:

 

Council has a range of options it could consider, noting that any budgetary impact would have to be found from the current or future budgets.

 

 

DISCUSSION:

 

The applicant for the current Development Application 2011/053 Hill-Lockart Architects has sent the following email to Council seeking assistance with the drainage issues at Riverside Gardens in Nambucca Heads.

 

On behalf of my client Nambucca Valley Care Limited I am writing to you to seek Council’s assistants in the resolution of the stormwater issues presently occurring at their Riverside Drive facility.

At present the site contains an established detention basin which holds water not only from the Nambucca Valley Care site but the entire valley area upstream of the site including Piggott Street.

On investigation of the detention basin and its outlet under Riverside Drive it was found that the existing old timber structured footbridge has piers that significantly reduce and impede the outflow of water from the detention basin to the Nambucca River.

We would ask that Council consider rectification of the footbridge to remove the impediment to the outflow point to allow the detention basin to work correctly.

It should also be noted in recent heavy rain events due to the blockage within the structure the detention basin has over filled and sheet flowed across Riverside Drive causing traffic risks.

It is Nambucca Valley Care’s intention to clear the detention basin to reduce the extent of over growth within the area, which has also contributed to a reduction in the basins capacity.

We ask for Council’s consideration of this request.

 

Kind regards,

Michelle Muller on behalf of Greg Hill

Hill Lockart Architects

Nominated Architect - Greg Hill ARBN 5660


CONSULTATION:

 

Director Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A number of environmental considerations would need to be applied should any work be undertaken

 

Social

 

In recent times there has been social impacts due to water ponding and localised flooding which the culvert is alleged to have contributed to.

 

Economic

 

The impacts of water ponding and localised flooding do and will continue to have economic impacts for landowners in the vicinity.

 

Risk

 

Risks associated with the allegations could expose Council however, the original culvert was installed by the RTA prior to the road being handed over to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Any works associated with the culvert would have a direct budget impact as no funds have been allocated for any works in the current of future budgets

 

Source of fund and any variance to working funds

 

General Funds

 

Attachments:

There are no attachments for this report.  


General Purpose Committee                                                                                                 18 May 2011

Director of Engineering Services Report

ITEM 9.1      SF629              180511         Tree Removal/Pruning Application - 484 Upper Warrell Creek Road, Macksville

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works         

 

Summary:

 

Council has received an application for the removal of a eucalypt tree adjacent to 484 Upper Warrell Creek Road, Macksville.

 

 

Recommendation:

 

That the application for the removal of a eucalypt tree adjacent to 484 Upper Warrell Creek Road, Macksville be refused as the tree appears reasonably healthy.

 

 

OPTIONS:

 

1        Adopt the recommendation

2        Approve removal of the trees

 

 

DISCUSSION:

 

The application is for the removal of a eucalypt tree from the road reserve adjacent to 484 Upper Warrell Creek Road, Macksville.  A copy of the application is attached.

 

The application is summerised as follows:

 

The tree has shed branches and it is close to a children’s school bus stop.

 

Council’s Parks and Reserves Supervisor has inspected the trees and has reported as follows:

 

“The trees appear healthy.  Branches came down in the storm.  We have removed two trees previously near the bus stop.

 

Council’s Policy for tree removal states:

 

“The General Manager has delegated authority as follows:

 

33.1      Authorised the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council’s utilities or adjoining private property.

 

          Trees that do no fit into this category are referred to Council”.

 

There are other trees in close proximity and further removals maybe requested at a later date.

 

 

CONSULTATION:

 

·              Parks and Reserves Supervisor

·              Director Engineering Services

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Removal of the trees will have an impact on the landscape.

 

Social

 

The applicant has expressed concern at the possibility of branches dropping on his property and bus stopping area.

 

Economic

 

There are no economic issues as a result of this report.

 

Risk

 

Although the trees are reasonably healthy they are prone to branch drop.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council allocates funds within the budget for the removal of dangerous trees.

 

Source of fund and any variance to working funds

 

Funds are available in current budget

 

Attachments:

1View

7639/2011 - Application and inspection report - 484 Upper Warrell Creek Road, Macksville - D Wynn

 

2View

4724/2011 - Request to have tree removed and fence fixed at 484 Upper Warrell Creek Road, Congarinni - D Wynn

 

  


General Purpose Committee - 18 May 2011

Tree Removal/Pruning Application - 484 Upper Warrell Creek Road, Macksville

 



 


General Purpose Committee                                                                                                 18 May 2011

Director of Engineering Services Report

ITEM 9.2      SF629              180511         Tree Removal/Pruning Application - 407 Gumma Road, Macksville

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works         

 

Summary:

 

Council has received an application for the removal of two tallowwood trees adjacent 407 Gumma Road, Macksville.

 

 

Recommendation:

 

That the application for the removal of two tallowwood trees adjacent to 407 Gumma Road, Macksville be refused as the trees appear reasonably healthy.

 

 

OPTIONS:

 

1        Adopt the recommendation

2        Approve removal of the trees

 

 

DISCUSSION:

 

The application is for the removal of two tallowwood trees from the road reserve adjacent to 407 Gumma Road, Macksville.  A copy of the application is attached.

 

The applicant is summerised as follows:

 

Mr Steve Hamilton of 407 Gumma Road, Macksville states that two tallowwood trees drop large spear like limbs in his yard.  Very dangerous if hits house or person.  Also white ants nest in trees.

 

Council’s Parks and Reserves Supervisor has inspected the trees and has reported as follows:

 

“Two large tallowwood trees near fence line on Council Road Reserve.  Trees appear healthy however branch drop appears to have been an issue”.

 

Council’s Policy for tree removal states:

 

“The General Manager has delegated authority as follows:

 

33.1      Authorised the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council’s utilities or adjoining private property.

 

          Trees that do no fit into this category are referred to Council”.

 

 

CONSULTATION:

 

·              Parks and Reserves Supervisor

·              Director Engineering Services

 

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Removal of the trees will have an impact on the landscape.

 

Social

 

The applicant has expressed concern at the possibility of branches dropping on his property.

 

Economic

 

There are no economic issues as a result of this report.

 

Risk

 

Although the trees are reasonably healthy they are prone to branch drop.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council allocates funds within the budget for the removal of dangerous trees.

 

Source of fund and any variance to working funds

 

Funds are available in current budget

 

Attachments:

1View

6650/2010 - Tree Removal/Pruning Application on Public Land, Gumma Road, Macksville - S Hamilton

 

  


General Purpose Committee - 18 May 2011

Tree Removal/Pruning Application - 407 Gumma Road, Macksville

 




General Purpose Committee                                                                                                 18 May 2011

Director of Engineering Services Report

ITEM 9.3      SF629              180511         Tree Removal/Pruning Application - 127 Wallace Street, Macksville

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works         

 

Summary:

 

Council has received an application for the removal of trees opposite to 127 Wallace Street, Macksville.

 

 

Recommendation:

 

That the application for the removal of trees opposite 127 Wallace Street, Macksville be approved to reduce the possibility of flooding of private property.

 

 

OPTIONS:

 

1        Adopt the recommendation

2        Approve removal of the trees

 

 

DISCUSSION:

 

The application is for the removal of a strand of trees from the road reserve opposite 127 Wallace Street, Macksville.  A copy of the application is attached.

 

The application is summerised as follows:

 

Ms Pam Lauder has concern over leaf and limb drop from trees opposite her property.  She state that blockage of gutters causes flooding of her garage.

 

The application was originally approved but a subsequent objection has been received – copy attached.

 

Council’s Parks and Reserves Supervisor has inspected the trees and has reported as follows:

 

“The trees appear healthy, although evidence of some branch drop and leaf litter in blocking road gutters have been recorded since 2007.

 

Council’s Policy for tree removal states:

 

“The General Manager has delegated authority as follows:

 

33.1      Authorised the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council’s utilities or adjoining private property.

 

          Trees that do no fit into this category are referred to Council”.

 

 

CONSULTATION:

 

·              Parks and Reserves Supervisor

·              Director Engineering Services

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Removal of the trees will have an impact on the streetscape.

 

Social

 

The applicant has expressed concern at the possibility of branches dropping in road gutters resulting in flooding of her property.

 

Economic

 

There are no economic issues as a result of this report.

 

Risk

 

Although the trees are reasonably healthy they are prone to branch drop.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council allocates funds within the budget for the removal of dangerous trees.

 

Source of fund and any variance to working funds

 

Funds are available in current budget

 

Attachments:

1View

7670/2011 - Tree Removal/Pruning Application, Inspection Report - 127 Wallace Street, Macksville - P Lauder

 

2View

12466/2011 - Objection regarding removal of trees near 134 Wallace Street, Macksville

 

  


General Purpose Committee - 18 May 2011

Tree Removal/Pruning Application - 127 Wallace Street, Macksville

 




General Purpose Committee - 18 May 2011

Tree Removal/Pruning Application - 127 Wallace Street, Macksville

 





General Purpose Committee                                                                                                 18 May 2011

Director of Engineering Services Report

ITEM 9.4      SF629              180511         Tree Removal/Pruning Application - Lot 53 Gumma Road, Macksville

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works         

 

Summary:

 

Council has received an application for the removal of two trees adjacent to Lot 53 Gumma Road, Macksville.

 

 

Recommendation:

 

That the application for the removal of two trees adjacent to Lot 53 Gumma Road, Macksville be refused as the trees appear reasonably healthy.

 

 

OPTIONS:

 

1        Adopt the recommendation

2        Approve removal of the trees

 

 

DISCUSSION:

 

The application is for the removal of two trees from the road reserve adjacent to Lot 53 Gumma Road, Macksville.  A copy of the application is attached.

 

The application is summerised as follows:

 

Mr Timothy Kinnear has issues with two trees on the road reserve outside a property he owns at Lot 53 Gumma Road, Macksville.

 

Mr Kinnear considers these trees are a potential hazard to a new residence he proposes to build.

 

Council’s Parks and Reserves Supervisor has inspected the trees and has reported as follows:

 

“The trees appear reasonably healthy, very little die-back.  Evidence of some branch drop.

 

Council’s Policy for tree removal states:

 

“The General Manager has delegated authority as follows:

 

33.1      Authorised the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council’s utilities or adjoining private property.

 

          Trees that do no fit into this category are referred to Council”.

 

 

CONSULTATION:

 

·              Parks and Reserves Supervisor

·              Director Engineering Services

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Removal of the trees will have a minor impact on the landscape.

 

Social

 

The applicant has expressed concern at the possibility of branches dropping on his property.

 

Economic

 

There are no economic issues as a result of this report.

 

Risk

 

Although the trees are reasonably healthy they are prone to branch drop.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council allocates funds within the budget for the removal of dangerous trees.

 

Source of fund and any variance to working funds

 

Funds are available in current budget

 

Attachments:

1View

1518/2011 - Tree Removal Application - Lot 53 Gumma Road, Gumma - T Kinnear

 

  


General Purpose Committee - 18 May 2011

Tree Removal/Pruning Application - Lot 53 Gumma Road, Macksville

 





General Purpose Committee                                                                                                 18 May 2011

Director of Engineering Services Report

ITEM 9.5      SF415              180511         Smoke Free Zones

 

AUTHOR/ENQUIRIES:     Paul Gallagher, Director Engineering Services         

 

Summary:

 

The Proprietor of Spoilt Rotten Beauty in Macksville made a request through Council’s Department Environment and Planning to have the Council public seat relocated from the corner of McKay and Princess Street Macksville due to the general public smoking on and around the seat which was effecting their clientele as they arrived and left the business.

 

The Proprietor of Spoilt Rotten Beauty in Macksville has now requested Council to make Princess Street Macksville a smoke free zone, following a smoking issue generated around the Council public seat located on the corner of McKay and Princess Street Macksville.

 

Council’s policy on “Smoke Free Areas” was last updated on 15 July 2010 and does not include areas such as isolated seats or the CBD areas within the Nambucca Valley.

 

The relocation of the seat has generated considerable public interest with a petition from the general public being presented to Council and letter from the Proprietor of Rob’s Hair Salon to have the seat placed back in its original location. (the seat was placed back at the original site from unknown persons following the initial relocation)  Whilst the matter is under consideration an instruction from Engineering Services was issued to staff to place the seat back in its original location until mediation or a compromise can be reached on the matter.

 

 

Recommendation:

 

1        That Council reinstate the seat back to its original location on the corner of McKay and Princess Street Macksville.

 

2        That the Proprietor of Spoilt Rotten Beauty be advised that Council’s “Smoke Free Zone” Policy does not extend to isolated public seating areas.

 

3        That the Proprietor of Spoilt Rotten Beauty be advised that Council will not consider Princess Street as an isolated area for a “Smoke Free Zone” without full public consultation or consideration of other CBD areas within the Nambucca Valley.

 

 

OPTIONS:

 

Princess Street Macksville should not be viewed as an isolated area for a smoke free zone based on one business’s request, Council may like to consider further investigation and the review other areas defined within “Smoke Free Areas” to extend to public seating areas and or the Central Business Areas of the Nambucca Valley.

 

The “No Smoking” symbol is being placed onto the various signage for the parks, reserves and beaches as they being replaced or updated.

 

 

DISCUSSION:

 

The relocation of the seat has generated considerable public interest to have it placed back in its original location. There has been no mediation between the parties and a compromise maybe reached to have the seat sited away from the entry to Spoilt Rotten Beauty.

 

Councils policy on “Smoke Free Areas” was last updated on 15 July 2010 and does not include areas such as isolated seats. The following is an extract from the Policy which indicates the other areas not included as banned smoking areas but are to be considered in future reviews:

 

·              In all bush land, parks, reserves and public plazas

·              In all enclosed Council car parks

·              At all covered taxi ranks

·              Council owned buildings and outdoor dining areas that are leased, licensed or hired from Council by way of a smoke free clause in the agreement

·              At all events run or sponsored by Council

 

Council should not view Princess Street Macksville in isolation for a smoke free zone, and further discussion with other businesses, the Chamber of Commerce and the general public should be enacted to ensure full consultation has occurred, Council may like to consider further investigation and the review other areas not defined within “Smoke Free Areas” which would extend to public seating areas and the CBD across the Nambucca Valley.

 

There is an issue associated with the enactment of the Policy in its policing with the limited availability of Council’s Ranger, and Council have yet to complete an audit on the amount of signage required for all of the areas that come under the smoke free zones.

 

 

CONSULTATION:

 

There has been no consultation with other parties.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The smoke free outdoor policy recognises that Council has a commitment to improve the natural environment and the amenity of the local area by reducing the amount of cigarette butt litter found in outdoor spaces.

 

Social

 

The smoke free outdoor policy recognises that Council has an obligation to promote public health outcomes where council provides assets and services intended to be of benefit to children and other members of the community.

 

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risk issues associated with this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is potential grant funding available to purchase signage for public smoke free outdoors areas.

 

Source of fund and any variance to working funds

The purchase of signage outside of any potential grant funding would be sourced through working funds charged against the various ledger numbers for parks and reserves.

 

 

Attachments:

1View

13836/2010 - POLICY - Smoke Free Outdoor Area - June 2010

 

2View

10275/2011 - Application for a Smoke Free Zone in Princess Street, Macksville - Spoilt Rotten Beauty

 

3View

10788/2011 - Submission requesting bench seat to remain outside Shop 6, 10 Princess Street, Macksville

 

4View

9866/2011 - Petition - return of bench seat

 

  


General Purpose Committee - 18 May 2011

Smoke Free Zones

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

SMOKE FREE OUTDOOR AREAS

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 17 July 2008 (1)

Last reviewed: 2 October 2008

15 July 2010 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

‘The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.’

 

 

1.0       Policy objective

 

To define public areas where smoking is banned and to create smoke free conditions.

 

The objectives of these smoke free areas are to:

 

·     Improve the health of community members

·     Improve public amenity and maintenance of Council property

·     Raise community awareness of the issues associated with smoking

·     Provide community leadership in taking measures to protect the health and social wellbeing of the community

·     Minimise cigarette butt pollution on Council owned beaches, waterways, parks and other open space areas

 

Commencement date for existing approvals is 1 October 2011.                                                                                                                  

 

 

2.0       Related legislation

 

S632 of NSW Local Government Act 1993

 

Under the NSW Local government Act 1993 Council has the power to:

 

·     Erect suitably worded and strategically placed notices in “public places” (such places including but not limited to public reserves, Crown reserves, public bathing reserves, public baths, public swimming pools, public parks and public roads) within the Local Government ara of Nambucca Shire prohibiting smoking  (specifically S632 (1) and (2)(e) of the Act).


2

 

·     Serve, by means of an authorised person, a penalty notice (Penalty: $110.00) upon any person who fails to com[ply with the terms of any such notice (Section 679 of the Act and clause 5-7 of, and Schedule 1 to the general Regulation)

·     Demand by means of an authorised person the name and address of any person reasonably suspected of failing to comply with the terms of any such notice (Section 680 of the Act)

·     Remove by means of an authorised person from community land any person who fails to comply with the terms of any such notice (Section 681 of the Act)

·     Otherwise prohibit smoking in any place within the Local Government area of Nambucca Shire in respect of which Council is the owner or occupier, as a condition of entry to that place.

 

 

3.0       Definitions

   

Bus Shelter - This is a structure with at least a roof whether it be a solid metal type or a sail. The policy does not apply to Bus Stops which are roadside stop areas without signage or a structure.

 

 

4.0       Policy statement

 

This policy recognises that Council has:

 

·     An obligation to promote public health outcomes where council provides assets and services intended to be of benefit to children and other members of the community

·     A commitment to improve the natural environment and the amenity of the local area by reducing the amount of cigarette butt litter found in outdoor spaces

·     An understanding that the damaging effects of passive smoking while well documented in regard to indoor areas, is also beginning to emerge in regard to outdoor areas

·     An acknowledgement that the indirect effects of people smoking in an outdoor area can result in children playing with and swallowing discarded cigarette butts;  cigarette-derived particles accumulating on clothing and skin;  and smoking causing sensory irritations such as eye watering, coughing, difficulty in breathing or asthma.

 

The defined public areas in which smoking is banned are:

 

·     Within 10 metres of all children’s playgrounds

·     Within 10 metres of a bus shelter (a covered structure at a bus stop, with a roof or sail)

·     Within 10 metres of Council owned building entrances

·           Areas within 10 metres of the marked perimeter of sports fields

·           On public beaches between the lifeguard flags

·           The frontage and within 50 metres of a hotel property side boundary on each side on the public footpath

·           Within the area designated as outdoor dining on a public footpath for new approvals.

 

The areas will be defined by signs.

Signs will be installed in prominent places in the open space areas listed above.  The signs will include the international no-smoking symbol and relevant wording:

 


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The following areas are not included as banned smoking areas but will be considered in future reviews:

 

·     In all bushland, parks, reserves and public plazas

·     In all enclosed Council car parks

·     At all covered taxi ranks

·     Council owned buildings and outdoor dining areas that are leased, licensed or hired from Council by way of a smoke free clause in the agreement.

·     At all events run or sponsored by Council

 

 

5.0       History

 

Council currently bans smoking at all offices, libraries and depots where staff work. The Cancer Council has advised that some 45 Local Government Areas have implemented some form of smoking ban in outdoor areas. They also believe that self regulation is reasonably successful.

 

On 2 October 2008 Council adopted the first version of the policy for Smoke Free Outdoor Areas.

 

On 15 July 2010 Council adopted the new Smoke Free Areas.  These were:

 

·           Areas within 10 metres of the marked perimeter of sports fields

·           On public beaches between the lifeguard flags

·           The frontage and within 50 metres of a hotel property side boundary on each side on the public footpath

·           Within the area designated as outdoor dining on a public footpath for new approvals.

 


General Purpose Committee - 18 May 2011

Smoke Free Zones

 



General Purpose Committee - 18 May 2011

Smoke Free Zones

 



General Purpose Committee - 18 May 2011

Smoke Free Zones