NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

31 May 2018

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

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.’

 

Our Values in Delivery

·                Effective leadership

·                Strategic direction

·                Sustainability of infrastructure and assets

·                Community involvement and enhancement through partnerships with Council

·                Enhancement and protection of the environment

·                Maximising business and employment opportunities through promotion of economic development

·                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·                Actively pursuing resource sharing opportunities

 

 

Council Meetings:  Overview and Proceedings

 

Council meetings are held on the last Thursday of each month AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

 

How can a Member of the Public Speak at a Council Meeting?

 

1        Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.  Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.  The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.  Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item. 

 

2        Public forum address regarding matters not on the meeting agenda:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information. 

 

Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.  You must treat others with respect at all times.”

 

 

Meeting Agenda

 

These are available Council’s website: www.nambucca.nsw.gov.au

 

 

 


 

NAMBUCCA SHIRE COUNCIL

 

Workshop

 

4.00 pm – 5.00 pm     Briefing on Biodiversity Reform

 

 

 

Ordinary Council Meeting - 31 May 2018

 

Acknowledgement of Country            (Mayor)

 

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 17 May 2018...................................................................................... 7

Special Council Meeting (Budget) – 23 May 2018

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Request for Leave of Absence - Cr Janine Reed for 14 June 2018... 25

5.2     NOTICE OF MOTION - Request for Leave of Absence - Cr Martin Ballangarry OAM from 4 to 8 June 2018 inclusive................................................................................................................. 26  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 27

9.2     Development Applications greater than 12 months or where submissions received -  to 23 May 2018..................................................................................................................................... 33

9.3     Draft Nambucca Shire Council Strategic Tourism Plan...................................................... 37

9.4     Minutes of the Nambucca Shire Council Access Committee meetings held 24 April 2018.... 99

9.5     North Coast Destination Management Plan 2018 to 2021................................................. 103

9.6     Request for Donation - Bowraville Community Development Association Inc................... 148

9.7     Schedule of Council Public Meetings 2018..................................................................... 152

9.8     Amendment to Companion Animals Policy..................................................................... 153

9.9     March 2018 Budget Review........................................................................................... 175

9.10   Request for Financial Investment (Donation) for ProAg 2018........................................... 226

10      Assistant General Manager Engineering Services Report

10.1   Review of Draft Beach Management Policy ................................................................... 255

10.2   2017-18 Capital Works Program Monthly Report............................................................. 292

10.3   China National Sword Policy.......................................................................................... 309

10.4   Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 9 May 2018.................................................................................................................................... 313

10.5   Changes to Natural Disaster Relief and Recovery arrangements (NDRRA)........................ 327

10.6   Rock Fishing Safety Act 2016 and Safety Initiative ........................................................ 331

10.7   Notification of determination of Aboriginal Land Claim 6596 - Granted............................. 334    

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

11.1   Notice of Change in Laws – China's National Sword Policy

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

11.2   Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

11.3   Comparative Price and Availability of Industrial Land in Neighbouring Councils

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) 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.

  

            a      Questions raised by Councillors at 8 above

 

       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

12      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

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).

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 17 May 2018

The following document is the minutes of the Ordinary Council meeting held 17 May 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 31 May 2018 and therefore subject to change.  Please refer to the minutes of 31 May 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones (entered the meeting at 5.40pm)

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Paul Gallagher (AGM Engineering Services)

Tim Polo ( Engineering Designer)

Brad Lane (Senior Town Planner)

Lorraine Hemsworth (Minute Secretary)

 

 

 

Apology

 

Cr Martin Ballangarry OAM

 

 

Award – Wayne Lowe – Country Pool Manager:

The Mayor congratulated Wayne Lowe (Manger of Business and Development) on his award received 17 May 2018 for support as a Country Pool Manager.

 

 

PRAYER

 

Reverend Darryl Spriggs (Macksville and Nambucca Heads Presbyterian Church), offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Mr Michael Coulter declared a non-pecuniary - significant conflict of interest in Item 9.3 DA2017/272 Mixed Use Commercial and Shop Top Housing – 7A Ocean Street, Scotts Head under the Local Government Act as an adjoining owner and objector to the Development Application is part of Mr Coulter’s voluntary surf life saving patrol at the Macksville-Scotts Head Surf Life Saving Club.  Mr Coulter left the meeting for this item.

 

Councillor Janine Reed declared a pecuniary interest in Item 9.9 DA2018/076 Donation of DA Fees for Road Access to the new Macksville Hospital under the Local Government Act as Cr Reed is a member of the Mid North Cast Local Health District. Cr Reed left the meeting for this item.

 

Councillor Susan Jenvey declared a non-pecuniary – less significant conflict of interest in Item 9.14 LEP & dcp Amendments – Horticulture, Clause 4.2A & Tree Preservation under the Local Government Act as Cr Jenvey has a family share in RU1 property with horticulture.

 

Councillor John Wilson declared a non-pecuniary – significant conflict of interest in Item 9.2 Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse under the Local Government Act as Cr Wilson has known personally and has business ties with Lesley Flanders and Paul Hoffman.  Cr Wilson left the meeting for this item.

 

 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 April 2018

183/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 26 April 2018 be confirmed.

 

 

 

NOTICE OF MOTION - CR Wilson

ITEM 5.1      SF2433              170518      Request for Leave of Absence - Cr John Wilson from 29 June to 8 July 2018 inclusive

184/18 RESOLVED:        (Wilson/Ainsworth)

 

That Cr John Wilson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 29 June 2018 to 8 July 2018 inclusive.

 

 

  

PUBLIC FORUM AND DELEGATIONS

RECOMMENDATION

 

That the following Public Forum and Delegations be heard and respective reports brought forward:

 

Public Forum - Community Garden in Hyland Park

          i         Sarah Carden

Delegations:

 

Item 9.1 - Draft Nambucca Regional Economic Development Strategy 2022

          i         Mr Brendan Leary on behalf of Corview

 

Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse:

          i         Dr Daniel Ryan

          ii        Ms Lesley Flanders

          iii       Mr Paul Hoffman

          iv       Mrs Katherine Gosson

 

Item 9.3 - DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head:

          i         Mr Garry Smith

          ii        Mr Ross Fox on behalf of (Keiley Hunter Town Planners)

          iii       Mr Darren McMullen

          iv       Mr Alan Rudge

 

 

Public Forum:   Sarah CardenAddressed Council regarding a Community Garden for Hyland Park – with prepared notes being placed on File TRIM 13652/2018 and 14059/2018.

 

DELEGATION:      Mr Brendan Leary on behalf of Corview – Presentation to Council - ITEM 9.1- Draft Nambucca Regional Economic Development Strategy 2022 with prepared notes being placed on File TRIM 11246/2018.

 

 

ITEM 9.1      SF731                170518      Draft Nambucca Regional Economic Development Strategy 2022

185/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        Council advise Corview in terms of the comments provided in this report plus any additional comments the Council seeks consideration of.

 

2        That Council formally thank the Department of Premier and Cabinet for the funding and support provided for the development of the Regional Economic Development Strategy.

 

 

 

Cr John Wilson left the meeting before the commencement of this item, the time being 6:10PM

 

Delegations Continuted:

 

ITEM 9.2      Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 

          i         Dr Daniel Ryan and Ms Lesley Flanders with prepared notes being placed on file TRIM 15703/2018

 

          ii        Ms Lesley Flanders

§  Grandfather and other family members born on the land

§  Has been trying to acquire this land for so long and family have passed on

§  Many excuses as to why the family could not purchase this land

§  Request Council to find it in their hearts for the family to purchase the land

 

          iii       Mr Paul Hoffman with prepared notes being placed on file TRIM 48220/2018 and 42675/2018

                  

          iv       Mrs Katherine Gosson

·       As discussed at onsite inspection

 

ITEM 9.2      SF600                170518      Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

186/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council recognise the significance of the Grassy Road, Bowraville site near the racecourse to the Flanders descendants and acknowledge previous attempts by the Flanders ancestors to acquire the land as outlined in the report to Council.

 

2        That Council note:

 

·                The long generations connection the family has with this site

·                The actions taken previously by the family to acquire the site

·                The support given to Ms Lesley Flanders by Elders, some of whom were born on this site

·                The spiritual significance of the site to the descendants.

 

3        That Council work with the Flanders family and Crown Lands to assist the family in further progressing this claim.

 

4        That Ms Lesley Flanders, Mr David Shoebridge MLC and Ms Anne Gillin of Nambucca Valley Legal be advised of Council’s decision.

 

Cr John Wilson returned to the meeting at the completion of this item, the time being 6:25 pm

 

 

 

Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:26 PM

 

DELEGATIONS Continued:

DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head

 

          i         Ms Kathleen Crawley addressed Council with prepared notes and presentation being placed on file TRIM 17217/2018 and 17257/2018.

 

          ii        Mr Ross Fox (on behalf of Keiley Hunter Town Planner) addressed Council with prepared notes being placed on file TRIM 17309/2018.

 

          iv       Mr Alan Rudge on behalf of Alan Rudge Architects addressed Council making the following points:

 

·    Not happy with the negativity terms expressed by previous speakers

·    Setback – 3.6 and number 7 built right to boundary and 7a same

·    Side zones

·    Bring Glass line back

·    Setbacks not a major problem and come into line with neighbours

·    Have asked for minor variations

·    Backing out into traffic – using exiting situation

·    Proposing a dual occupancy – 2 cars

·    Ways around problem of backing out

·    Wall on north side – work and be flexible with windows

·    Complies with regulations

 

          iii       Louise Smith addressed Council making the following points:

·         Resided over past 30 years and active community members

·         Small business owners

·         Development application sees foothold for business

 

ITEM 9.3      DA2017/272        170518      DA2017/272 Mixed Use Commercial and Shop Top Housing Development at 7A Ocean Street, Scotts Head

MOTION:      (Ainsworth/Wilson)

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 4.

 

 

Amendment:       (Hoban/Smyth)

 

That Council refer the application back to the applicant with a request to reconsider the design to lessen the non-conformance with the DCP and consider some option for dealing with the canter leaver over the right of carriage way.

 

For the Amendment:                 Crs Hoban, Smyth, Wilson

                                                Total (3 )

 

Against the Amendment:  Ainsworth, Finlayson, Jenvey, Jones, Reed

                                      Total (5)

 

The amendment was lost and reverted back to the original Motion.

 

 

 

 

187/18 Resolved:        (Ainsworth/Wilson)

 

That Council as the consent authority, pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979, grant development consent subject to conditions provided as Attachment 4.

 

For the Motion:               Ainsworth, Finlayson, Jenvey, Jones, Reed

                                      Total (5)

 

Against the Motion:         Crs Hoban, Smyth, Wilson

                                                Total (3 )

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 7:08 pm

 

 

Mr Brad Lane left the meeting, the time being 7:15 pm

 

 

Bring Forward Items 10.1 and Item 9.15

188/18 Resolved:        (Ainsworth/Reed)

 

That the following Items be brought forward in the business paper as members of the public were in the gallery and interested in:

 

Item 10.1      Lanes Bridge Bowraville - Replacement Options Report

 

Item 9.15      DA2017/291 170518         Development Application DA2017/291 - 3 Adin Street Scotts Head

 

 

ITEM 10.1    SF2459              170518      Lanes Bridge Bowraville - Replacement Options Report

189/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council adopt OPTION 3 within the “concept design options report” to replace Lanes Bridge at an estimated cost of $2.7million, which will facilitate improved flood immunity and raise the deck level approximately 1.75m (RL 7.90m) higher than the existing deck level and  have a new horizontal alignment situated 6.51m parallel upstream of the existing bridge alignment.

 

2        That Council staff undertake negotiations with the owners of 8 and 14 High Street with a view to Council funding the raising of their dwellings or otherwise reaching agreement whereby they will enter into a Deed of Release for the increased flood afflux. In relation to the negotiation with the residents that Council’s position be to immediately proceed with the replacement of the bridge and that the outcome of the negotiations be reported back to Council as soon as possible.

 

 

 

Mr Tim Polo left the meeting, the time being 7:30 pm

 

 

 

 

 

 

 

 

 

 

 

 

ITEM 9.15    DA2017/291        170518      Development Application DA2017/291 - 3 Adin Street Scotts Head

190/18 RESOLVED:        (Ainsworth/Reed)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent to Development Application 2017/291 for shop top housing at Lot 15 Sec F DP 20823 3 Adin Street, Scotts Head, subject to the schedule of conditions outlined in attachment 1 of this report.

 

For the Motion:                         Crs Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth and Wilson

                                                Total (7)

 

Against the Motion:         Hoban

                                      Total (1)

 

The Mayor requested that her vote be recorded against because of implications for traffic adjoining the development and the adverse precedent it sets for the future industrial and commercial development in the Shire.

 

 

 

7.38pm – 8.15pm - The meeting adjourned

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received.

 

 

General Manager Report

 

 

Item 9.1, 9.2 and 9.3 were dealt with earlier in the meeting under Delegations.

 

 

 

ITEM 9.4      SF959                170518      Outstanding Actions and Reports

191/18 RESOLVED:        (Ainsworth/Jenvey)

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

 

 

 

ITEM 9.5      SF42                  170518      2018 Determination of the Local Government Remuneration Tribunal

192/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2018/2019 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                    $11,860

          Mayor Additional Fee     $25,880*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2018.

 

 

 

 

ITEM 9.6      SF66                  170518      NSW Auditor-General's Report on Local Government 2017

193/18 RESOLVED:        (Smyth/Jenvey)

 

That the information provided in the NSW Auditor-General’s 2017 Report on Local Government be received.

 

 

 

 

ITEM 9.7      DA2018/084        170518      Donation of DA Fees for Bridge Replacement - Nambucca Heads Island Golf Club

194/18 RESOLVED:        (Wilson/Finlayson)

 

That Council approve a Section 356 donation of $984.25 (including GST) being the development application fees for DA2018/084 and require the Club to reimburse Council for the $320 fee paid to the Department of Primary Industry – Water for the application to undertake work in a waterway.

 

 

 


 

 

ITEM 9.8      DA2009/119        170518      Deferred Developer Contribution Request - Tony & Belinda Smith, 82 Smiths Lane, Congarinni North

MOTION:      (Finlayson/Reed)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the Mayor, General Manager and Manager Development & Environment be provided with delegated authority to determine requests for deferred payment of developer contributions provided all three agree with a request and that it generally comply with Council’s adopted policy.

 

5        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

 

Amendment:       (Jones/Jenvey)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

For the Motion:               Crs Hoban, Jenvey, Jones, Smyth

                                                Total (4)

 

Against the Motion:         Ainsworth, Finlayson, Reed, Wilson

                                      Total (4)

 

The Mayor elected not to exercise her casting vote because the resolution is not in accordance with the Staff recommendation so the Motion was put.

 

195/18 Resolved:        (Finlayson/Reed)

 

1        That Council enter into a Deed of Agreement with Anthony Smith and Belinda Smith for deferral of developer contributions for two (2) lots whereby contributions for both lots are paid upon the first settlement with Council’s interest in the payment of such contributions being “secured” by a deed of agreement.  Further that the contributions be indexed from 2011 with payment to be based on the applicable index from the previous quarter.

 

2        That Council’s seal be attached to the Deed of Agreement as required.

 

3        That the Council note the information provided in relation to the matter in Closed meeting.

 

4        That the Mayor, General Manager and Manager Development & Environment be provided with delegated authority to determine requests for deferred payment of developer contributions provided all three agree with a request and that it generally comply with Council’s adopted policy.

 

5        That the contributions when received be held in an internally restricted reserve for expenditure on Smiths Lane as per 2011 planning agreement.

 

For the Motion:               Crs Hoban, Ainsworth, Finlayson, Reed, Wilson

                                                Total (5)

 

Against the Motion:         Jenvey, Jones, Smyth

                                      Total (3)

 

Cr Smyth requested her vote be recorded against the resolution as she does not agree with No 4

Cr Jenvey requested her vote be recorded against the resolution as the policy is not equitable shire wide

Cr Jones requested his vote be recorded against the resolution as he does not agree with No 4

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 8:59 PM

 

ITEM 9.9      DA2018/076        170518      Donation of DA Fees for Road Access to the New Macksville Hospital

196/18 RESOLVED:        (Smyth/Finlayson)

 

That Council approve a Section 356 donation of $6,981.75 (including GST) being the development application fees for DA2018/076 (the proposed access road to the new Macksville Hospital) and require Health Infrastructure to pay the Planning Reform fee of $2,688 being a statutory fee payable to the Department of Planning (State Government).

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 9:01 PM

 

 

 

ITEM 9.10    SF734                170518      Addition of Crown Land being Lot 178 DP 727302 (car park in front of the Swimming Creek Caravan Park) to Crown Reserve 81006

197/18 RESOLVED:        (Finlayson/Reed)

 

1        That Nambucca Shire Council in its capacity as corporate manager of Nambucca Heads (R81006) Swimming Creek Public Recreation Reserve accept the inclusion of Crown Land being Lot 178 DP 727302 within that Reserve.

 

2        That Council’s seal be attached to any documents relating to the transfer of the land to R81006 as may be required.

 

 

 

 

 

 

 

 

 

ITEM 9.11    SF251                170518      Schedule of Council Public Meetings 2018

198/18 RESOLVED:        (Wilson/Ainsworth)

 

1        That the schedule of dates for Council meetings in 2018 be noted and received for information by Council.

 

2        Council note the Special (Budget) Council Meeting scheduled for 5.30 pm Wednesday 23 May commencing at 5.30 pm in the Council Chambers.

 

 

 

 

ITEM 9.12    SF2329              170518      Progress with Macksville CBD Revitalisation

199/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That Council make provision for additional expenditure of $10,000 for architectural and design services for the Main Street Improvement Program.

 

2        That Council close off the opportunity for further Macksville CBD properties to come onto the “Main Street” program unless the property owners can demonstrate financial commitment to the implementation of a concept plan.

 

 

 

 

ITEM 9.13    SF2368              170518      Investment Report to 30 April 2018

200/18 RESOLVED:        (Ainsworth/Reed)

 

That the Accountants’ Report on Investments placed to 30 April 2018 be noted.

 

 

 

 

ITEM 9.14    SF2460              170518      LEP & DCP Amendments - Horticulture, Clause 4.2A & Tree Preservation

201/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        Subject to Paragraph (e) hereof, horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:

 

         a        Where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary

 

          b       Where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.

 

         c        No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.

 

          d       When the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

 

          e       No development application will be necessary in respect of any horticultural activity in respect of a crop having a productive duration of less than twelve months.

 

2        The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.

 

3        No bird netting shall be erected in any area zoned R5 of a colour other than black.

 

4        S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements

 

5        That Council defer any decision on regulating horticulture in the RU1 and RU2 zones until the outcome of a similar proposal put forward by the Bellingen Shire Council is determined by the Minister.

 

6        That Council support the amendments to regulate tree clearing in the Pearl Estate and the proposed changes to Clause 4.2A in relation to the erection of dwellings. 

 

For the Motion:               Crs Hoban, Ainsworth, Finlayson, Jenvey, Jones, Reed, Smyth and Wilson

                                                Total (8)

 

Against the Motion:         Nil

                                      Total (0)

 

 

 

Item 9.15 was dealt with earlier in the meeting.

 

 

 

ITEM 9.16    SF688                170518      Project 'Protecting and Connecting Coastal Habitat Corridors at Mt Yarrahapinni' - Environmental Trust Project

202/18 RESOLVED:        (Smyth/Jenvey)

 

That Council allocate $10,000 from the Environmental Levy Reserve to support Council’s commitment to year 1 of the ‘Protecting and Connecting Coastal Habitat Corridor at Mt Yarrahapinni Project.’

 

 

 

 

ITEM 9.17    SF2423              170518      Development Applications greater than 12 months or where submissions received -  to 9 May 2018

203/18 RESOLVED:        (Reed/Finlayson)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 9 May 2018 be noted by Council.

 

 

 

 

 

 

ITEM 9.18    SF2278              170518      Minutes of the Clean Energy Committee meeting held 2 May 2018

motion:      (Jenvey/Smyth)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee.

 

5        That, once exhibited, any submissions made by the public concerning the draft Climate Change policy be circulated to the Committee prior to being reported to Council.

 

6        That Council endorse the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

7        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

8        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the municipality.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an education and behaviour change program to influence the behaviour of local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

9        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

Amendment:       (Ainsworth/Finlayson)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018.

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee and the general public.

 

5        That Council note the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

6        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

7        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the Shire.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an educational program to encourage local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

8        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

Amendment was carried and became the Motion.

 

204/18 Resolved:        (Ainsworth/Finlayson)

 

1        That Council note the minutes of the Clean Energy Committee’s meeting of 2 May 2018.

 

2        That the unspent funds (currently $42,000) in the Climate Change Adaptation portion of the 2017/2018 Environmental Levy Budget be placed in reserve, noting that these funds are likely to be called upon for Climate Change Adaptation projects in the 2018/2019 financial year.

 

3        That Council note the Committee’s support to include $50,000 in the Climate Change Adaptation portion of the 2018/2019 Environmental Levy budget.

 

4        That Council note the Committee’s recommendation to place the draft Climate Change policy as reported to them on public exhibition, with a final resolution to be made concerning this by Council once feedback has been received from the Estuary Committee and the general public.

 

5        That Council note the draft budget contained within the Clean Energy Committee’s agenda, noting that its adoption or otherwise will occur when the entire Environmental Levy draft Budget and submissions to the draft Budget are reported to Council.

 

6        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

7        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the Shire.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an educational program to encourage local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

8        That Council note the outcome of the Carbon Leadership workshop held at Council on Thursday 19 April 2018.

 

 

 

 

ITEM 9.19    SF2423              170518      2018 April - Approved Construction and Complying Development Certificates

205/18 RESOLVED:        (Reed/Finlayson)

 

That the Construction and Complying Development Certificates approved for April 2018 be noted and received for information by Council.

 

 

 

 

ITEM 9.20    SF2423              170518      2018 April - Development and Complying Development Applications Received

206/18 RESOLVED:        (Wilson/Ainsworth)

 

That the Development Applications and Complying Development Applications received in April 2018 be received for information.

 

 

 

 

ITEM 9.21    SF1148              170518      Council Ranger's Report April 2018

207/18 RESOLVED:        (Reed/Ainsworth)

 

That the Council’s Ranger’s report for April 2018 be received and noted by Council.

 

 

 


 

 

ITEM 9.22    SF2390              170518      Regional Growth Fund - Round 2: Stronger Country Communities Fund & Regional Sports Infrastructure Fund - Update on applications submitted by Council

208/18 RESOLVED:        (Jenvey/Wilson)

 

1        That the report be received and noted by Council.

 

2        That Council commit an amount of $37,000 from Working Funds, should the application submitted for Playing Fields and Amenities for urban growth area, South Macksville, be successful, in the Stronger Country Communities Fund – Round 2.

 

 

 

ITEM 9.23    SF25                  170518      Donations Program (Section 356) 2018/2019 - Late Applications for Approval for Waste Waivers - St Vincents de Paul Opportunity Shop, Macksville & Anglican Opportunity Shop, Nambucca Heads

209/18 RESOLVED:        (Reed/Jones)

 

That Council approves the applications for waste waivers for both the charitable organisations of the Anglican Opportunity Shop, Nambucca Heads and St Vincents de Paul Opportunity Shop, Macksville, for the 2018/2019 year.

 

 

 

ITEM 9.24    SF2358              170518      Draft Revenue Policy (Fees and Charges)

210/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council endorse the draft 2018-19 Revenue Policy (Fees and Charges) and that the draft documents be placed on display for public comment.

 

 

 

Assistant General Manager Engineering Services Report

 

 

Item 10.1 was dealt with earlier in the meeting.

 

 

 

ITEM 10.2    SF85                  170518      Emergency Services Annual Assessment Notice

211/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council receive and note that total Council annual contribution for Fire and Rescue NSW, the Rural Fire Service and the State Emergency Service is $352,986.12 and the contribution assessment has been placed into the draft 2018/19 budget.

 

2        That Council note that the individual contribution assessment totals are:

 

·          Fire and Rescue NSW                        $  63,711.00

·          NSW State Emergency Service          $  26,485.12

·          NSW Rural Fire Service                     $262,790.00

 

 

 

 

ITEM 10.3    SF722                170518      January and March 2018 Storm Events

212/18 RESOLVED:        (Ainsworth/Wilson)

 

That Council allocate an amount of $25,503.14 from working funds for emergency repairs charged to the rural unsealed roads maintenance allocation emanating from the January and March 2018 storm/flood events.

 

 

 

 

ITEM 10.4    SF143                170518      Investigation relating to purchasing of electric motor vehicles

213/18 RESOLVED:        (Wilson/Ainsworth)

 

1        Council continue with its current fleet arrangements to ensure Council’s vehicle fleet is managed to optimise the economic and environmental sustainability of these assets through the application of sound fleet management principles.

 

2        Council take no further action in purchasing an electric vehicle due to the purchase cost of the electric vehicles, their range limitation, unlikely return on investment and lack of infrastructure pertaining to electric vehicles.

 

3        Council will continue to monitor the electric vehicle market for opportunities, as technology becomes cheaper and infrastructure for electric vehicles becomes available.

 

4        Council note that the purchase of the fleet is through the “Prequalification Scheme”, Motor Vehicles Contract SCM0653.  These vehicles within the scheme have been assessed as meeting a pre-defined limit of CO2 g/km.

 

 

 

 

ITEM 10.5    SF1031              170518      Review of Sustainable Fleet and Plant Policy

214/18 RESOLVED:        (Smyth/Jenvey)

 

1        That Council receive and note the amendments to the Sustainable Fleet and Plant Policy (TRIM 15554/2018) which incorporates a statement for Electric Vehicles and other emerging technologies and note that it will replace the current policy (Our Ref: TRIM 39599/2015).

 

2        That the Amended Policy be placed on public exhibition.

 

 

 

 

ITEM 10.6    SF453                170518      Waste Management Quarterly Report January - March 2018

215/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 January – 31 March 2018.

 

 

    

 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

216/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              170518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    DA2009/119        170518      Deferred Developer Contribution Request - Tony and Belinda Smith, 82 Smiths Lane, Congarinni North - Supporting Documentation

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 10.12pm.

 

RESUME IN OPEN MEETING

217/18 RESOLVED:        (Reed/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  10.18 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              170518      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

218/18 RESOLVED:        (Reed/Ainsworth)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.2    DA2009/119        170518      Deferred Developer Contribution Request - Tony and Belinda Smith, 82 Smiths Lane, Congarinni North - Supporting Documentation

219/18 RESOLVED:        (Ainsworth/Reed)

 

That the information concerning the supporting documentation for a deferred developer contribution request from Tony and Belinda Smith be received.

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 10.20pm. 

 

Confirmed and signed by the Mayor on 31 May 2018.

 

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                     31 May 2018

Notice of Motion

ITEM 5.1      SF2433            310518         NOTICE OF MOTION - Request for Leave of Absence - Cr Janine Reed for 14 June 2018

 

AUTHOR/ENQUIRIES:    Janine Reed, Councillor         

 

Summary:

 

I request leave for Thursday 14 June 2018 to attend the Mid North Coast Local Health District’s Award presentation.

 

 

Recommendation:

 

That Cr Janine Reed be granted leave of absence in accordance with Section 234(d) of the Local Government Act for Thursday 14 June 2018 to attend the Mid North Coast Local Health District’s Award presentation.

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     31 May 2018

Notice of Motion

ITEM 5.2      SF2433            310518         NOTICE OF MOTION - Request for Leave of Absence - Cr Martin Ballangarry OAM from 4 to 8 June 2018 inclusive

 

AUTHOR/ENQUIRIES:    Martin Ballangarry, Councillor         

 

Summary:

 

I, Cr Martin Ballangarry request leave for the period 4 to 8 June 2018 inclusive to attend a Native Title Conference in Broome, Western Australia.  Council is not funding my attendance at this Conference.

 

 

Recommendation:

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 4-8 June 2018 inclusive.

 

 

Attachments:

There are no attachments for this report.         


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.1      SF959              310518         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

AUGUST 2015

1

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 

22 March 2017 - AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

 

 

OCTOBER 2015

2

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

 

GM

Report late 2017

 

4/12/17 – awaiting effect of highway closure.

 

10/01/18 – Will be reported to Council in February.

 

31/01/18 – Pending negotiations with the RMS on the highway handover.

 

4/4/18 – Comments provided to rms on a review of traffic light phasing and also permitting left turns on red.

 


 

JANUARY 2017

3

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

 

GM

Report May 2017

15/05/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

 

01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

11/01/18 – Flora and Fauna report completed. Item removed from subject planning proposal to prevent delay in finalisation of housekeeping amendments.  It will be included in upcoming planning proposal to be presented to Council in 2018.

 

MARCH 2017

4

SF2230

16/03/17

Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Integrated Water Cycle Management Plan.

 

AGMCS

18/3/17 – Report late 2017

 

06/12/17 – Report to be presented in 2018 following receipt of draft IWCMP.

 

5/4/18 – GM has followed up unacceptable delays in the review of the IWCM.

 

09/05/18 Issues paper received and workshop to be organised.

 

23/05/18  The consultant has provided the program for the completion of the IWCM Strategy:

·        Final IWCM Issues Paper Report: 30/4/2018

·        Complete VGA water and sewer analysis: 4/5/2018

·        Complete Macksville sewer model and issue draft report: 4/5/2018

·        Issue draft Scenario analysis to Council: 25/5/2018

·        Council review and comment on Scenario analysis: 31/5/2018

·        Complete financial planning: 29/6/2018

·        Prepare draft IWCM Strategy: 13/7/2018

 

MAY 2017

5

SF1541

25/05/17

That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.

 

GM

31/05/17 – Report in October 2017

 

18/10/17 - Deferred to December due to workload.

 

06/12/17 - Deferred to 2018 due to workload.

 

 


 

JUNE 2017

6

SF2290

15/06/17

That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.

 

GM

Report in November 2017.

 

22/11/17 - Deferred to January 2018 due to workload.

 

10/01/18 – CSPNR on leave.  Will need to be deferred to Feb/March 2018.

 

4/4/18 – Draft Plan and REF complete.  Section 355 Committee to be consulted and the matter reported back to Council by June 2018.

 

SEPTEMBER 2017

7

SF2293

28/09/17

Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent Casey at no cost.

 

GM

04/10/17 – Pending

 

31/10/17 – further representations made to the Member for Oxley and Minister for Roads, Maritime and Freight.

 

24/05/18 - GM followed up

OCTOBER 2017

8

SF2329

26/10/17

There be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.

 

AGMES

7/11/2017 - Policy to be reviewed and reported back to Council in March 2018 with other policy reviews.

 

4/4/18 – Report to May 2018 meeting.

 

23/05/18         Draft Review in June 2018

NOVEMBER 2017

9

SF2303

30/11/17

Council receive a report on the possibility of providing a dedicated small dog park at one of the suggested locations in Nambucca Heads.

 

GM

Report February 2018

 

Due to the resignation of the Ranger the report will need to be deferred.

 

Report in March 2018.

 

07/03/18 – New Ranger has commenced and will be reported in April 2018.

 

4/4/18 – Matter has been discussed with the Manager Development & Environment who recently attended training in companion animal management.  There are risks associated with fenced, dedicated “small dog parks”.  Matter to be reported in May 2018.

 


 

10

SF2418

30/11/17

Council receive a report on comparative price and availability of industrial land in neighbouring councils.

 

GM

Report in February 2018.

 

Deferred due to March 2018.

 

07/03/18 – MBD has instructed Valuer to provide figures in association with evaluation with developed industrial land in the Valla Growth area.

 

27/3/18 – Awaiting return of MBD from leave.

 

09/05/18 – Valuation information has been obtained. Will be reported to Council in either May or June.

 

 

JANUARY 2018

11

SF979

18/1/18

(Great Koala National Park) That if and when further information relating to the KPMG report, State Labor Policy or a transition package come forward, they be reported to Council.

 

GM

Awaiting further information.

FEBRUARY 2018

12

SF1398

8/2/18

Council receives a further report on negotiations under the Transition Phase (of the reform of Dept. of Family & Community Services funding).

GM

Report by 31 December 2018.

 

07/03/18 – arrangements are being made for FACS to attend a Council Workshop to discuss the matter.

 

09/05/18 – Arrangements have now been made for FACS to attend a workshop on the afternoon of Council’s meeting on 14 June 2018.

 

MARCH 2018

13

SF2433

15/3/18

Council receive a report on the feasibility and options for the provision of a memorial wall at Scotts Head.

 

GM

27/3/18 – Report in May 2018.

 

23/05/18 –Will be reported in June 2018

14

SF2433

15/3/18

An update of the transition of the VIC including a compliance audit of the 12 undertakings provided by Mr Stuart Holmes when Council resolved to lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

GM

27/3/18 – awaiting completion of Tourism Strategy.  Anticipate report in May 2018.

 

18/04/18 – Deferred until draft Tourism Strategy is completed.

 

15

SF843

15/3/18

That a review of the Companion Animals Control of Dogs and Cats Policy be undertaken to amend the Dogs on Leash area to include an area from the western access point of Shelly Beach to Beilby’s Beach.

 

GM

18/04/18- Report in June 2018.

APRIL 2018

16

SF2433

12/4/18

That urgent representations to State and Federal Members and the Rural Doctors’ Network and seek a meeting of local GP practices’ to discuss and identify the opportunities and impediments to securing a GP for Bowraville

 

GM

18/04/18- Meeting date not organised as yet with the Mayor, General Manager, State and Federal members.

 

09/05/18 – General Manager has made representation to the North Coast primary health network and has been advised of an offer for a casual GP replacement on a bulk bill basis.  However, further advice is that the Mid North Coast Local Area Health District is close to procuring a permanent GP and the offer of the casual replacement will not be taken up. 

 

17

PRF45

12/4/18

That Council investigate the possibility of overnight stays on the downside of the Macksville Bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

 

GM

18/04/18 - Report being prepared for September 2018 meeting.

18

 

12/4/18

That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

AGMES

18/04/18- Report being prepared for September 2018 meeting.

19

SF1981

12/4/18

That Council makes representation to the Minister for Road to fund a new bridge at Browns Crossing to protect Council Infrastructure from flood damage and allow residents flood free access emanating from the Pacific Highway upgrade.

 

AGMES

16/4/18 – Letter sent Friday 13 April 2018

20

SF2456

12/4/18

Submission to Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure (water treatment plant).

 

AGMES

18/04/18 - Submission to be drafted for funding.

 

09/05/18 – A submission has been lodged for funding and an Options Report which is expected to be considered by DPI-Water in May 2018.

21

T012/2017

12/4/18

That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution of the project (for Bowraville STP effluent treatment)

 

AGMES

18/04/18 Letter sent 20/04/18.

 

09/05/18 – General Manager has spoken to Melinda Pavey’s office and is assisting them with their representations.

22

SF2303

12/4/18

That a further report to Council on actions arising out of the Review of the Capacity of the Finance Section report, “An Internal Review of the Capacity of the Finance Section to meet operational requirements.

 

GM

18/04/18 - Awaiting appointment of new AGMCS.

MAY 2018

23

SF600

17/5/18

Council work with the Flanders Family and Crown Lands to assist the family in further progressing this claim (for land at Grassy Road)

 

GM

23/05/18         Letter sent to Crown Lands on 22 May 2018.  The letter seeks their advice as to how to progress the transfer of land to Lesley Flanders.

24

SF2459

17/4/18

Outcome of negotiations re raising dwellings at 8 & 14 High Street, Bowraville or otherwise getting agreement be reported back to council as soon as possible.

 

AGMES

23/05/18         Report to Council in September 2018.

25

SF2460

17/4/18

Council defer any decision on regulating horticulture in RU1 and RU2 until the outcome of a similar proposal put forward by Bellingen Council is determined by the Minister.

 

GM

20/5/18 – will track progress of Bellingen’s Planning Proposal and report on any developments.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.2      SF2423            310518         Development Applications greater than 12 months or where submissions received -  to 23 May 2018

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer - Development and Environment         

 

Summary:

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).  Table 2 shows development applications which have been received but not yet determined due to submissions received. 

 

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority.  Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 23 May 2018 be noted by Council.

 

 

 

TABLE 1: UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

There are no Development Applications in excess of 12 months old.

 

TABLE 2: DEVELOPMENT APPLICATIONS NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/179

3 August 2017

Telecommunications Facility (Mobile Phone Tower)

Lot 3 DP 1147417, 1079 Scotts Head Road, Scotts Head

Thirty-seven submissions have been received within the specified notification period – thirty-four oppose the proposal, one does not object but offers an alternative site and two support the proposal.

·           Proposed development is unsightly and will spoil the bushland views and visual amenity

·           It will threaten existing native fauna and impact habitat of native fauna – comprehensive impact study required

·           Concerned about electromagnetic energy impacts on nearby residents and the school

·           No evidence that the local community will benefit from it

·           Exceeds height limit for site – tower is much too high – over 20m above the tree line

·           In Acid Sulphate Soils Class 2 area

·           Located in an area of “threatened Remnant Coastal Wetland” and the site floods

·           This would be better situated on the other side of Scotts Head Road

·           More suitable sites should be investigated

·           Could be bad for people’s health

·           Properties will be devalued

·           If a red light is placed on top of the tower, residents should receive compensation or blinds to reduce the impact

·           Too close to the school, the oval, yarning circle and adjoining residences

·           Low-lying site will not provide for optimal effectiveness of the tower

·           Will have a detrimental impact on lifestyle and tourism for Scotts Head

·           Does not comply with relevant planning principles set by the NSW Land & Environment Court, including impacts on neighbouring properties, including amenity, reasonableness, loss of reasonable development potential and poor design

·           Does not comply with Visual Impact Minimization principles as provided within the NSW Telecommunications Facility Guideline - it does not respond appropriately to its rural landscape setting

·           Exact location of tower not clear from information provided

·           Proposal is not visually aesthetic – too close to neighbouring residences

·           Too much vegetation will need to be cleared.

·           Not required as homes with broadband internet can make and receive calls using the NBN

·           A visual montage should be provided by the applicant

·           Council should conduct a site visit

·           Causing stress and anxiety in the local community

·           Would like it to be considered at a public council meeting

·           Could pose a catastrophic risk to residents in the event of a bushfire

·                 More property owners should have been notified and local community consulted with more thoroughly

·           Appears to be a cost savings exercise by Optus

·           Area is of significance to the Gumbaynggirr people

·           Should be a more suitable colour to blend in with the surrounding landscape

·           Does not comply with Clause 5.5 objectives of the Nambucca Local Environmental Plan 2010 – Coastal Policy

·           Owner of Lot 106 DP 251748 would be happy to have the tower on their property and believes this would have less of an impact as it would be close to main power transmission lines

·           The tower will provide better reception for Scotts Head which is important in emergency situations

·           Mobile phone reception is now an essential service and many parts of Scotts Head do not have mobile phone coverage

STATUS: Revised plans received by Council on 23 May 2018 – currently being re-advertised/re-notified for 21 days and will then be reported to Council for determination after assessment.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/036

1 March 2018

24 Lot Residential Subdivision

Lots 75 & 192 DP 755550, 295 Wirrimbi Road, Newee Creek

One submission has been received – it objects to the proposal

·           Traffic safety will be adversely impacted due to the speed limit of 100kph – speed limit should be lowered to 80 or 70 kph.

·           100 year flood impact line should be shown on the lot layout.

STATUS: Being assessed – most additional information has been lodged.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/053

16 March 2018

Dwelling Additions

Lot 3 Section B DP 17707, 22 Matthew Street, Scotts Head

Twelve submissions have been received plus a supplemental submission received after the closing date. All object to the proposal

·           Applicant should not be allowed to vary 6.5 metre LEP/DCP Height of Buildings control – would set a precedent and would result in view loss.

·           Overshadowing and loss of privacy will be experienced by adjoining owner.

·           Council’s planning documents should be reviewed to ensure they are clear.

STATUS: Being assessed – applicant has lodged information showing extent of view loss for various options

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/076

13 April 2018

Earthworks and Road (related to new health facility(

Lot 11 DP 883264, 19 Letitia Close, North Macksville

Three submissions and one petition have been received – they oppose the proposal

·           Access to hospital should be an intersection off Letitia Close, including an island and “give way” sign

·           Outbound lane width of 3.5 metres appears inadequate

·           Access road should be built on higher ground where Pacifico has already built a temporary road – will avoid some flood impacts.

·           Old Coast Road to Mattick Road should be considered as the access point

·           Mosquito infested swamp makes this an unsuitable area for the proposed development

·           Alterations will be required to power infrastructure at the intersection

·           Access to and from the private laneway will be restricted for people towing a caravan as well as waste services and roadside mail delivery.

·           Private access road may need sealing and waste and mail services may need relocating – who will pay for this?

·           The design of the access road and earthworks as proposed will be extremely unsafe for road users and will impact on residents’ amenity.

·           Residents were promised by Pacifico that the batch plant/beam construction site would be returned to its former farming condition and that no development would occur on the site.

·           Amenity has already been reduced with the new highway and off-ramp and hospital traffic will only worsen this. Headlights from traffic on the road will impact bedrooms and living areas.

·           An interchange at Mattick Road would make more sense.

·           Design of road and roundabout is dangerous with not enough line of sight and a tight turn. Will pose a danger to pedestrians, bicycle riders and horse riders who often use Old Coast Road. Will be particularly dangerous for ambulances travelling at speed, particularly as a school bus uses Letitia Close

·           When Pacifico used a version of the proposed road they had permanent traffic control on it as they obviously deemed it unsafe otherwise.

·           How will waste services, mail delivery, etc access Letitia Close mailboxes – no provision in design for this

·           Who will maintain the extended section of Letitia Close?

·           An earth bank which minimises noise for Letitia Close residents will need to be at least partially removed

·           Security of Letitia Close residents has already been compromised by highway construction with motorists using it as an informal rest area. This will increase when the hospital access road is constructed.

·           Increased noise and light from vehicles on the road will impact residents’ amenity

·           Flooding issues may arise due to the proposed location of the road

·           A T-intersection should not be placed on a bend in the road, it should be on a straight section to reduce danger

STATUS: Applicant is considering issues raised in submissions and will provide revised plans.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/060

24 March 2018

Two Lot Subdivision

Lot 2 DP 1119830, Alexandra Drive, Nambucca Heads

Twenty-two submissions have been received. All oppose the proposal.

·           Not enough information has been provided with the proposal – what is proposed to be constructed on the lot/s being created? Will the lots be sold for the construction of quality permanent brick and tile residences or rentals for itinerant persons or holiday/traveller accommodations for caravans, etc or temporary demountable sheds?

·           Recreational areas should be part of the proposal

·           Need to know details of construction materials to be used in dwellings, as there are covenants to this effect on other properties in the area

·           Natural bush is to be cleared which could be detrimental to flora and fauna

·           Noise and traffic from the proposal will negatively impact residents’ amenity

·           Would like information on how long it will take for the blocks to be developed

·           Size and scale of development not compatible with rural aspect and amenity of current surrounding residences

·           No mention is made in the application of increased traffic volumes. A conservative estimate would be an additional 65,000 vehicular traffic movements per annum.

·           No details provided as to onsite and visitor parking

·           Nearby roads will need to be upgraded due to the increased traffic movements

·           No details of how the site will be promoted – a holiday rental destination, a rental site for itinerant persons, permanent brick and tile home sites, a retirement village or something else?

·           Such a development could lead to an increase in crime statistics such as vandalism, graffiti, damage to property where itinerant populations are present.

·           Nearby properties could be devalued by the development.

·           Will rate revenue be diverted away from Nambucca Heads to prop up Macksville community facilities?

·           Nearby residents appreciate their right to appeal to the Minister for Local Government, if required, for a proper and reasonable address of their concerns, including a deep and thorough forensic audit of Council. Such an audit would include how and why developments are approved, how and to whom contract are issued and why Council approves quality developments for Macksville and is maintaining the current hospital at Macksville, as well as building a new one. Why does Macksville need two hospitals?

·           Council has apparently rejected Development applications by both Coles and Aldi to build in Nambucca Heads as the retail developments were proposed in industrial areas. Council should not reject good solid developments for Nambucca Heads. Does this happen because the Council Chambers and majority of Councillors live in or close by to Nambucca?

·           Questions raised are not accusations of corruption or malfeasance by Council or individuals but a reflection of the disappointment and distrust that the people of Nambucca Heads now feel towards Council.

·           Development should not be approved because it brings nothing to the people and community of Nambucca Heads and may damage already existing and struggling businesses.

STATUS: Being assessed – referred to RFS and LALC. RFS have responded with conditions.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/087

27 April 2018

Dwelling, Garage and Temporary Occupancy of Existing Shed

Lot 6 DP 21766, 20 Taylors Arm Road, Upper Taylors Arm

One submission has been received – it supports the proposal

·           It is within everyone’s right to build a shed or temporary dwelling without complaints from neighbours.

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.3      SF941              310518         Draft Nambucca Shire Council Strategic Tourism Plan

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Early in 2017, Council received various reports relating to Tourism which lead to discussions regarding the need for a strategic approach to Council’s involvement in the Tourism industry through the development of a Strategic Plan.  Subsequently Council allocated funding in the current budget for development of the Plan and a consultant was appointed. A Steering Committee was also established to oversee development of the Plan.

 

Following a development of a Background Paper, several workshops, a community survey and focus groups, a draft Nambucca Shire Strategic Tourism Plan (NSSTP) has been prepared and is being presented to Council with a recommendation that it be exhibited for community comment.  A copy of the draft Plan is attached.

 

 

Recommendation:

 

1        That Council place the draft Nambucca Shire Strategic Tourism Plan 2018-2023 on exhibition for comment by the public. 

 

2        That the comments regarding the 12 undertakings made by Mr Stuart Holmes on behalf of Lifetime Connect Incorporated at the Council meeting on 16 March 2017 be noted. 

 

 

OPTIONS:

 

Council has the option of not exhibiting the Plan and calling for comments from the public.

 

 

DISCUSSION:

 

Eight strategic priorities have been identified to guide the management, development and marketing of tourism for Nambucca Shire.  They are as follows:

 

One: Strategic Management

Integrate the actions of the NSSTP into the operational activities of the Council, including budgeting, management, reporting and forward planning.

Two: Grow Tourism Collaboration

Support industry and other key stakeholders to develop an aligned series of actions to further drive the outcomes of this Plan.

Three: Research and Insights

Develop a destination research framework to provide better insights for Council and industry to achieve continuous improvement and evidence-based decision making.

Four: Town Amenity and Appeal

Continue to improve the amenity and appeal of the Nambucca Shire specifically improving the visual appeal of towns, accessibility for mobile-impaired, and evening vibrancy.

Five: Tourism Infrastructure Development

 

Continue to undertake significant infrastructure improvements that will attract new visitors and drive repeat visitation to the area including telecommunications and Wi-Fi.

Six: Tourism Product and Experience Development

Undertake work to improve the quality and quantity of experiences and tourism products and services including events and festivals, inclusivity, the camping/RV market, indigenous tourism, and local food and beverage experiences.

Seven: Marketing Coordination

Work with industry and others to develop a range of marketing tools and a comprehensive Marketing Strategy for the Nambucca Shire.

 

Eight: Visitor Information Servicing

Substantively increase the experiential information available at all stages in the travel cycle to help potential visitors understand what there is to see and do in the Nambucca area.

 

This report is essentially about the draft Tourism Strategy however a specific Resolution of Council relating to the operation of the Visitor Information Centre requires that this be incorporated into consideration of the Plan. 

 

Following a notice of motion, on 15 March 2018, Council made the following resolution:

 

That an update into the transition of the Visitor Information Centre including a compliance audit of the twelve undertakings made by Mr Stuart Holmes when the Council resolved to Lease the property to Lifetime Connect be included as part of the Tourism Strategy which has already commenced.

 

In terms of the 12 undertakings referred to in the 15 March Resolution these were as follows (see extract from Minutes attached) and given that some are fact or opinion it is difficult to determine “compliance” with all points and even more challenging when compliance infers enforcement. 

 

1.       Lifetime Connect is a not-for-profit organisation with 44 year history in the Valley

 

This is a simply a fact.

 

2.       Many services conducted rely on volunteers eg meals on wheels, men’s shed

 

This is also a fact.

 

3.       Some volunteers have been approached in regard to the proposal

 

This was also a fact as there had been discussions with the volunteers who were at the Centre at that time.

 

4.       Interested in working with current volunteers at the VIC and would like to provide an outlet for other groups such as crafters groups

 

There is local craft being sold from the site, such as items sourced from the Men’s Shed, but space limits the number and types of items which can be displayed.  The Nambucca Valley Craft and Art Group have recently reassessed operations and have signed another lease at the Plaza Shopping Centre whilst also discussing establishing an online presence which may fully or partially replace the shop-front concept in the future.

         

5.       Will provide tourist information service, provide computer terminals with Wi-Fi etc for the public

 

Provision of tourist information is currently being offered.  Provision of computers terminals with Wi-Fi has not been established as yet.  Free Wi-Fi is available to visitors from the Shire’s libraries and from the 4 Telstra Air Hotspots in Nambucca Heads.

 


 

6.       Outlet for local arts and crafts to be sold

 

As per point 4 above.

 

7.       Provide driver change over for local bus stops

 

Driver change-over is determined by the bus companies and has no bearing on the operation of the Visitor Centre.  It is likely that this point was made to demonstrate the importance of the site as a major bus stop and to show an intention to not change the practice. 

 

8.       Do not aim to change what is currently provided by VIC

 

The key service of providing information is still at the core of the Centre’s operation and the VIC has remained Level 2 Accredited.  The Centre does not offer a booking service for local operators however this remains an option if the tenant and another party wished to enter into such an arrangement.  The only Council service which was available from the VIC (ie sale of Beach Permits) is still offered.

 

9.       Works well with many organisations throughout the Valley

 

Mr Holmes was expressing an opinion and was reflecting the view of the organisation.

 

On 7 February 2018 Lifetime Connect held a pop up at the VIC showcasing local products and services and it was reportedly very successful in gaining clients and attracting volunteers.

 

10.     Assist some of the locals travelling away from area but also visitors to the Valley

 

The statistics average 800 customers per month.

 

Note:  Average visitation, prior to the Highway By-pass, was almost double this number for a similar period - July to December 2016 when it varied from a low of 1,222 to a high of 1,964 in December.

 

11.     See Lifetime Connect taking on the lease as an asset to the Valley

 

Mr Holmes was expressing an opinion and was reflecting the view of the organisation.

 

12.     Plan to have a paid employee on site 5 days per week with the addition of volunteers for 7 days per week

 

Lifetime Connect General Manager, Glenys Munro advises that there had been plans to place their Community Development worker in the centre, however with the reforms within the NSW Family and Community Services changes have been made to the programs and that position so, “ information” is not a priority for the Department. There is however a volunteer co-ordinator and a paid office assistant (based at 23 Wallace St) who assists with administration and rosters for the centre.  We are open 7 days per week. As we have to have 2 volunteers on each shift if someone calls in sick on the odd occasion there maybe sometimes when we have to shut.

 

Following a report to Council on 16 March 2017, Council entered into a commercial lease of the premises at 57 Riverside Drive Nambucca Heads to Lifetime Connect Incorporated on a 2-year arrangement (with options of 2x2 years) commencing 1 July 2017.  (Note:  This is a commercial lease and does not set service delivery levels, so it therefore not a service agreement.)  The option to renew the lease rests with Lifetime Connect. 

 

It is worth noting that under Council operations, the VIC was also supported by an employee 21 hours per week and even given that, there were occasions when the Centre was closed due to availability of volunteers.  There were also occasions when the employee would unofficially volunteer their own time to ensure the doors were open, so creating a service level different to what Council was funding. 

 

Visitor information and visitor servicing were addressed in the development of the draft Strategy however the Visitor Information Centre itself was not generally seen as a core responsibility of Council going forward. 

 

 

CONSULTATION:

Three stakeholder workshops were held 7-8 March 2018.  The Steering Committee has met on 7 March, and then on 3 May to have input into a draft version of the Plan.  The Consultant also met with Council staff, namely Engineers, Strategic Planner, Manager Business Development, Senior Librarian and General Manager; and also relevant government agencies or organisations eg Destination North Coast, National Parks.

 

A community survey received 72 responses. 

 

Details are outlined in the Stakeholder Engagement Report attached and for those specifically interested in visitor servicing, an outline of the results are on pages 6 and 7.

 

 

SUSTAINABILITY ASSESSMENT:

Environment

 

There are no environmental issues raised by this report.

 

Social

 

There are no social implications arising from this report. 

 

Economic

 

A clear direction for Council and its role in the Tourism industry can have sound economic benefits for the Valley.  The multiplier affect described on Page 27 of the Plan demonstrates return on investment. 

 

Risk

 

There is a risk that ongoing debate and analysis of operations at 57 Riverside Drive will be a distraction from developing a clear “big picture” for Council’s role in Tourism. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This report does not identify any specific expenditure. 

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

As this stage, there are no changes proposed, however implementation of an approved Plan may have implications and these will be reported as need be.

 

Attachments:

1

13465/2018 - Summary Report - NSC Tourism Strategic Plan Stakeholder Consultation March 2018

 

2

17284/2018 - Draft Plan - Nambucca Shire Council Strategic Tourism Plan 2018-2023

 

3

9561/2018 - Extract from Council minutes 16 March 2017 - 12 points by Stuart Holmes on behalf of Lifetime Connect Inc

 

  


Ordinary Council Meeting - 31 May 2018

Draft Nambucca Shire Council Strategic Tourism Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 31 May 2018

Draft Nambucca Shire Council Strategic Tourism Plan

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 31 May 2018

Draft Nambucca Shire Council Strategic Tourism Plan

 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.4      SF2422            310518         Minutes of the Nambucca Shire Council Access Committee meetings held 24 April 2018

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development        

 

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 April 2018 are attached for Council’s endorsement. 

 

The minutes no specific recommendations for Council’s attention but are presented for information and endorsement.

 

 

 

RECOMMENDATION:

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 24 April 2018.

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

DISCUSSION:

 

Inclusive Tourism – Everyone’s Business

 

The Committee commenced Module 1 of the training.

 

Shared Zones

 

Following a presentation by the Manager Technical Services, the Committee decided to note the information and not formally act in regard to Shared Zones due to the number of specific requirements that they need and the cost to install.

 

CONSULTATION:

 

Nothing required.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Improved access has positive social outcomes for the community particularly people with disability.

 

Economic

 

Nothing identified.

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing required.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

13308/2018 - Minutes - Access Committee - 24 April 2018

 

  


Ordinary Council Meeting - 31 May 2018

Minutes of the Nambucca Shire Council Access Committee meetings held 24 April 2018

 

PRESENT

 

Mr Peter Shales (Chairperson)

 

Mr Mark Bettini

Mr Michael Porter

Ms Coral Hutchinson

Cr Susan Jenvey

Mr Keith Williams (Manager Technical Services)

Mr Lewis Parkins

 

APOLOGIES

 

Mr Keith Davis

Ms Fiona Henwood (Guide Dogs)

Ms Margaret Hutchinson

Cr Anne Smyth

Jon Daley

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2422              240418      Confirmation of the Minutes of the Previous Meeting held 27 March 2018

Recommendation: (parkins/porter)

 

That the Committee confirm the minutes of the meetings held 27 March 2018.

 

 

 

 

 

ITEM 3.2      SF2422              240418      Business Arising from Previous Meeting held 27 March 2018

Recommendation:

 

The Committee received a presentation by Keith Williams, Manager Technical Services on Shared Zones.  The Committee noted the following requirements for Shared Zones:

 

Maximum speed for vehicles = 10 km/hour.

Space is shared by pedestrians and vehicles with pedestrians having the right of way.

They are not meant for high traffic areas.

Cannot be located on a bus route.

They require the removal of gutter crossings and installation of material different to the surrounding area.

Warrants of equal to or less than 100 vehicles per hour or 1,000 per day.

 

 

 

 

 

 

ITEM 3.3      SF2422              240418      Report on General Business to the Access Committee 24 April 2018

Recommendation:

 

The Committee completed the half of the first module of “Inclusive Tourism: Everyone’s Business” online training course.

 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 22 May 2018 commencing at 2.00pm.

 

Note for May agenda:  access issues around the riverside stage in Macksville.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.42pm pm. 

 

 

 

………………………………

Peter Shales

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.5      SF941              310518         North Coast Destination Management Plan 2018 to 2021

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Following a restructure of the State’s tourism regions in 2016, Destination North Coast is re-establishing itself and has launched a new Destination Management Plan (copy attached).

 

This is timely given Council’s own work on a new strategic direction for Tourism. 

 

Recommendation:

 

That Council receive and note the North Coast Destination Management Plan 2018-2021.

 

 

OPTIONS:

 

No options are being presented as the report is for information.

 

 

DISCUSSION:

 

The North Coast Plan identifies the following areas of priority.

 

Tourism Leadership and Advocacy:  Advocate, lobby and engage with external stakeholder organisations across local, regional, state and national levels to best represent and coordinate the needs of North Coast tourism stakeholders.

Pty

Tourism Research and Insights: Establish a realistic tourism research system to regularly track visitation, visitor expenditure, satisfaction, behaviour and perceptions for North Coast subregions and destinations and to explore industry needs including benchmarking models.

 

Tourism Investment Attraction: Work with government and industry partners to identify, promote and facilitate public and private sector investment that will have a catalytic impact on the visitor economy and deliver sustainable tourism development that is in balance with the community and environment.

 

Tourism Product and Experience Development: Support North Coast tourism stakeholders to enhance and develop innovative and contemporary tourism product and experiences related to the North Coast’s Seven Experience Platforms that will strongly appeal to domestic and international visitor markets.

 

Tourism Marketing Coordination:  Harness the combined marketing power of the industry by providing strategic direction and facilitation cooperative campaigns with DNSW and other partners.

Tourism Marketing Coordination: Harness the combined marketing power of the industry

Tourism Training and Capacity Building: Assist with tourism workforce planning, provide effective training and skills development support for North Coast tourism operators, and capacity building initiatives for tourism industry professionals.

 

Tourism Crisis and Risk Management:  Identify and help plan for potential risks to the North Coast visitor economy and provide support to tourism stakeholders during times of crisis.

 

An awareness of the Plan’s content is recommended so that Council can align, collaborate or complement the broader actions of the North Coast in implementing its own Plan.  There will also be opportunities. For example; following a hiatus during its redesign and re-establishment, Destination North Coast will again be facilitating cooperative marketing campaigns which provide small Council’s such as Nambucca Shire with cost effective advertising by participating in larger campaigns.  Advertising rates under this type of model can be a fraction of the cost of going it alone. 

 

Tourism Crisis and Risk Management: Identify and help plan for potential risks to the North

 

CONSULTATION:

 

Nothing required. 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

Nothing identified.

 

Economic

 

The overarching objective of the Plan is to help grow the North Coast visitor economy in a way that supports the NSW government’s goal of doubling overnight expenditure by the year 2020.  This should have a flow on for the Nambucca Shire economy. 

 

Risk

 

Nothing specific identified.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

Service level changes and resourcing/staff implications

 

Nothing identified.

 

Attachments:

1

17325/2018 - Destination Management Plan 2018-2021 - Destination North Coast

 

  


Ordinary Council Meeting - 31 May 2018

North Coast Destination Management Plan 2018 to 2021

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.6      SF25                310518         Request for Donation - Bowraville Community Development Association Inc

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

Council has received a request for a Section 356 donation of $400 to cover the additional cost for WHS approved scaffolding, used by the local builder, during upgrade works undertaken on the Pioneer Community Centre at 70 High Street, Bowraville. The Bowraville Community Development Association has committed $2,000 to this project.

 

 

Recommendation:

 

1        That Council approve a Section 356 donation of $400.00, to assist with the cost of upgrade works of the Pioneer Community Centre at Bowraville.

 

2        That Council approve an additional amount of $8,000.00 to be included in the Donations budget for the 2017/2018 year to cover all donations approved.

 

OPTIONS:

 

1        Council can resolve not to donate.

 

 

DISCUSSION:

 

The Bowraville Community Development Association Inc, (BCDAI), is a hardworking organisation of volunteers that work to maintain the Pioneer Community Centre in Bowraville, and open it to public and community events.

 

Recently the BCDAI applied for a Local Heritage Funding Grant (2017/2018), and were successful, for their project to upgrade the Pioneer Community Centre – Project #2018/1.

 

The costs exceeded initial estimations by $400, as a result of the employed local builder, Mr Garry Johnstone, needing to use full scaffolding for the building works, for safety reasons. The upgrade works are completed, and the Local Heritage Funding Grant has been acquitted.

 

The BCDAI have committed $2,000 of their own funds to this project, and have requested a donation from Council for the additional costs of $400. A copy of their emailed request is contained in the body of this report.

 

Council has a limited amount of funds available for donation in the 2017/2018 Donations Budget, and that budget has currently been exceeded with 2 recently approved donations, reported to Council on 17 May 2018.

 

An up to date excerpt is attached to this report - and a donation of $400.00 to BCDAI would leave the budget balance overspent by $7569.60, and this figure includes the two recently approved donations for DA fees.

 

A further recommendation to this report is to increase the Donations budget for the 2017/2018 year by an amount of $8,000 from Council’s working funds. This will allow for an available balance of $430.40 until the end of June 2018, for any other one-off donation requests submitted.

 

From: B.C.D.A.I. Pioneer Community Centre Bowraville < bcdainc@gmail.com

Sent: Tuesday, 15 May 2018 4:48 PM

To: Mayor; Lisa Hall

Subject: Request for donation to cover shortfall of funds for recent building works at Pioneer Community Centre Bowraville

 

Dear Rhonda

 

NAMBUCCA SHIRE COUNCIL LOCAL HERITAGE FUNDING OFFER 2017-2018

Project Number 2018/1

 

 

The Bowraville Community Development Association Inc (BCDAI) greatly appreciates the Grant Monies received for the upgrading works at the Pioneer Community Centre, 70 High Street Bowraville, and the assistance of Lisa Hall. (Grant approved was for $3,750 of a possible $4,000; our contribution is $2,000).

 

The work has been completed well by local builder, Mr Garry Johnstone, of River Street, Bowraville. The original intention was to use the roof anchor points and harness to undertake this work. However, Garry felt the need to use full scaffolding to meet WHS standards, which led to an increase in the cost of the works. This added a total of $400 to the expected invoice amount.

 

At the recent General Meeting of the BCDAI, held on Monday 7 May, it was agreed to ask Nambucca Shire Council for a small donation to cover this shortfall.

 

It would be greatly appreciated if Nambucca Shire Council would be able to make a small donation of $400 to cover this additional expenditure. With last year's vandalism of one of our front windows, leading to an insurance excess of $500 to be paid, and this year facing legal costs to enable us to successfully evict an obstructive tenant, our funding capacity is stretched to its limit. We are a small group of hard working volunteers successfully restoring the availability of the building for a wide variety of community uses for the benefit of the Bowraville Community and the wider Nambucca Valley Community, and gratefully receive your support.

 

 

Yours sincerely

Marion Syratt

Secretary

B.C.D.A.I. (Bowraville Community Development Association Incorporated, T/A Pioneer Community Centre)

70 High Street

BOWRAVILLE 2449

6564 7908

0400 828 471

 

CONSULTATION:

 

General Manager

Grants Officer

Technical Officer DEP

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment

 

Social

 

Council's donation would assist this proactive community organisation with the continued maintenance of this community facility.

 

Economic

 

There are no economic issues.

 

 

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds are currently not available from Council's donation budget, however the budget could be increased for the 2017/2018 year.

 

Source of fund and any variance to working funds

 

There are implications on source of funds, and a recommendation is to seek additional funds of $8,000 for the donations budget from working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service level changes or resourcing/staff implications.

 

Attachments:

1

17073/2018 - Excerpt from Donations Register as at 18 May 2018

 

  


Ordinary Council Meeting - 31 May 2018

Request for Donation - Bowraville Community Development Association Inc

 

EXCERPT FROM DONATIONS REGISTER AND CURRENT

DONATIONS BUDGET 2017 2018 AS AT 18 MAY 2018

Donations Register #

Donation Details

$ Donated

160.2018.4.1

Health Infrastructure – DA Fees Donation (DA2018/76)

6981.75

160.2018.3.1

Nambucca Heads Island Golf Club – DA Fees Donation (DA2018/84)

984.25

160.2018.2.1

Bowraville Central School Farm – topsoil donation

530.60

160.2018.1.1

Valla Beach Community Playgroup/Installation of Shade Sail

1000.00

160.2017.29.1

Nambucca/Macksville Evening VIEW Club (Hire Fees)

120.00

160.2017.28.1

North Coast Academy of Sport

500.00

160.2017.27.1

Annual Donation to NV Schools - Tallowood Steiner

100.00

160.2017.26.1

Annual Donation to NV Schools - Medlow Public

100.00

160.2017.25.1

Annual Donation to NV Schools - St Mary's Primary

100.00

160.2017.24.1

Annual Donation to NV Schools - Macksville Adventist

100.00

160.2017.23.1

Annual Donation to NV Schools - St Patrick's Primary

100.00

160.2017.22.1

Annual Donation to NV Schools - Nambucca Valley Christian Community

100.00

160.2017.21.1

Annual Donation to NV Schools - Scotts Head Public

100.00

160.2017.20.1

Annual Donation to NV Schools - Nambucca Heads Public

100.00

160.2017.19.1

Annual Donation to NV Schools - Nambucca Heads High

100.00

160.2017.18.1

Annual Donation to NV Schools - Macksville Public

100.00

160.2017.17.1

Annual Donation to NV Schools - Macksville High

100.00

160.2017.16.1

Annual Donation to N V Schools - Frank Partridge VC Public

100.00

160.2017.15.1

Annual Donation to N V Schools - Eungai Public

100.00

160.2017.14.1

Annual Donation to NV schools - Bowraville Central

100.00

160.2017.13.1

Donation to Macksville Gift - Council meeting on 27/07/2017

1000.00

160.2017.11.1

Sponsorship for Wires Mid North Coast - 2017/18 DONATIONS

200.00

160.2017.9.1

Donation towards repair Bowraville town clock - 2017/18 DONATIONS

1500.00

160.2017.10.1

Line Marking - Scotts Head Sports Field - 2017/18 DONATIONS

1000.00

160.2017.12.1

Annual Legacy Appeal

200.00

160.2017.8.1

Council Resolution - annual donation to Talarm Hall CoM

500.00

160.2017.6.1

Contribution for Neurological Nurse - 2017/18 DONATIONS

500.00

160.2017.5.1

Utungun Hall CoM - Freezer  for Hall - 2017/18 DONATIONS

484.00

160.2017.3.1

Nambucca Valley Craft & Art Inc - running costs - 2017/18 DONATIONS

1000.00

160.2017.1.1

Gordon Park Tennis Club - Reimburse CC fees for DA2016/35

1769.00

160.2017.2.1

NCAC CoM - Contribution towards purchase of seating - 2017/18

2500.00

Total Donations to 18/05/2018

22169.60.00

$

Donations Budget 2017/2018

15000.00

Less Donations already paid

-22169.60

BALANCE AVAILABLE FOR DONATION 17/18

-7169.60

 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.7      SF251              310518         Schedule of Council Public Meetings 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings to be held in 2018.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

 

Recommendation:

 

That the schedule of dates for Council meetings in 2018 be noted and received for      information by Council.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Land Development Committee Meeting

14 June

Council Chambers

4.00 PM

Ordinary Council Meeting

14 June

Council Chambers

5.30 PM

Access Committee

26 June

Council Chambers

2.00 PM

Ordinary Council Meeting

28 June

Council Chambers

5.30 PM

Ordinary Council Meeting

12 July

Council Chambers

5.30 PM

Access Committee

24 July

Council Chambers

2.00 PM

Ordinary Council Meeting

26 July

Council Chambers

5.30 PM

Nambucca Business Advisory Committee

1 Aug

Council Chambers

6.00 PM

NSC Traffic Advisory Committee

7 Aug

Council Chambers

10.30 AM

Ordinary Council Meeting

16 Aug

Council Chambers

5.30 PM

Access Committee

28 Aug

Council Chambers

2.00 PM

Ordinary Council Meeting

30 Aug

Council Chambers

5.30 PM

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.8      SF1031            310518         Amendment to Companion Animals Policy

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

It is not considered that a summary is necessary.

 

 

Recommendation:

 

1        That Council staff publicly exhibit the draft ‘Companion Animals Control of Dogs and Cats Policy’ contained within attachment 2 for 28 days.

 

2        That Council staff report to Council once public exhibition of the draft policy is completed to determine if Council will proceed with its adoption.

 

3        That Council not permit the creation of public dog parks within the shire.

 

 

OPTIONS:

 

·      Council could proceed to amend the policy as recommended or with changes.

·      Council could also resolve to create a dog park.

 

DISCUSSION:

 

This report addresses three matters relating to Councils ‘Companion Animals Control of Dogs and Cats Policy’ including:

 

1.   A request to amend the on leash area provisions at Shelly/Beilby’s Beach.

2.   A request to provide an off leash fenced dog park for small dogs.

3.   A need to provide an additional provision which enables staff to immediately euthanise feral and infant animals.

 

The above matters are addressed as follows:

 

Amendment to the on leash area provisions at Shelly/Beilby’s Beach, Nambucca Heads

 

At its meeting on 15 March 2018 Council adopted the Vehicular Access to Beaches Committees minutes and made the following resolution:

 

          That a review of the Companion Animals Control of Dogs and Cats Policy be undertaken to amend the Dogs on Leash area to include an area from the western access point of Shelly Beach to Beilby’s Beach.

 

The permissibility of having dogs on beaches in Nambucca Heads and Valla Beach is illustrated below:

 

 

 

Currently, dogs are prohibited from Shelly Beach through to Main Beach. Given the volume of residential premises within walking distance of Shelly and Beilby’s Beaches, it is considered appropriate to permit dogs to be on leash on these beaches at all times, with the exception of the section of Shelly’s Beach to the east of the public access (approximately 150m). This would allow residents to walk their dog to either beach, connect to the other beach and return to their residence via the road network in a loop.

 

In addition to this, it is also considered appropriate to extend the on leash area through to the Swimming Creek beach access where the off leash area commences. This would remove the timed provisions of the on leash area as outlined above. By doing this, it will enable people to have their dog on leash and walk them at any point between Shelly Beach and Valla Beach, with the exception of areas at each end where dogs will remain prohibited.

 

The recommended restrictions are outlined below.

 

 

It is considered that the above amendments will provide greater flexibility to dog owners who wish to walk with their dogs along the beach by providing alternate routes to exercise their animals while enjoying the coastal environment in which they live. It is considered that the changes will still enable those who do not wish to have dogs around them at all, a section of the beach where they can go where dogs will be prohibited. Furthermore, the majority of the alterations are to allow dogs to be on leash, where they will be required to be under the effective control of their handler. The proposed removal of the timed on leash provisions to the north of Main Beach is considered reasonable because it is generally a quite section of the beach where people can walk their dogs to connect to the off leash area. It is considered that this will assist in encouraging dog owners to utilise the designated off leash area more frequently, which would lead to less regulation and disruption to other beach users.

 

The draft of the proposed amended policy has been included within attachment 2.

 

Off leash fenced dog park for small dogs

 

At its meeting on 30 November 2017 a notice of motion was put forward in response to a representation made by a member of the public requesting the creation of a dog park in Nambucca Heads specifically for small dogs. The representations included a written letter and a petition which have been included within attachment 1. The motion was supported with Council making the following resolution:

 

That Council note the petition and receive a report on the possibility of providing a dedicated small-dog park at one of the suggested locations in Nambucca Heads.

 

The provision of the proposed small dog park is possible at any of the suggested locations. However, the provision of such a park is not supported for the following reasons:

 

·      Safety – Council staff have recently participated in a dangerous dog training course run by a highly respected canine behavioral expert. The training course was focused on assessing the behavior of dogs and their safe handling. During the course it was explained that when a dog feels threatened, it will either run/move away from the perceived threat or attack to protect itself. If the dog does not have space to run, the probability of an attack increases.

 

The safety issues associated with dog parks was raised where it was put forward by the behavioral expert that such parks should be banned as they put the safety of people and their dogs at risk, even those dogs which are usually well behaved. This is because the dog park is fenced and some dogs feel threatened by other dogs who look to assert their territory and they feel as though they have nowhere to go. This results in inevitable attacks which are common place in many dog parks. When an attack occurs the handlers of the dogs instinctively intervene and inadvertently get attacked themselves. It was put forward that many people with dogs who take them to a dog park feel as though their dog is a well behaved dog and the dog park is a secure place. This leads to complacency as people in this frame of mind pay less attention to what their dog is doing in these environments which is a contributor to the problem.

 

·      Cost – Unless the required infrastructure was to be donated, Council would be responsible for paying for its installation and ongoing cleaning and maintenance. Furthermore, the proposal is for the park to be created specifically for small dogs. Council does not have sufficient resources to regulate what sorts of dogs are using a dog park; whether it be by size, weight or breed.

 

·      Existing Areas - It is considered that the existing off leash areas at Stuarts Island, Valla Beach, and the existing 3.5km of beach between Valla Beach and Nambucca Heads is ample space for dogs to be off leash in a public place. Not only do these areas present less ongoing expenses for Council compared to establishing a dog park, but they are also considered to be safer.

 

Provisions to enable staff to immediately euthanise feral cats

 

Section 64 of the Companion Animals Act 1998 (the act) permits Council to sell or destroy seized or surrendered companion animals subject to providing mandated periods of time to afford the owner an opportunity to claim the animal or for it to be rehomed. Currently Council has a very successful rehoming program in operation. However, Council receives feral and infant animals, mostly feral cats, which are captured by members of the public which are not suitable for rehoming.

 

For clarity, an infant animal is an animal generally under 800 grams and still totally reliant on its mother to eat and drink. It is extremely rare Council receives infant animals and if we do, every effort is made to keep the animal with its mother or alternatively cared for by staff or rescue organisation away from the pound. However, unfortunately there may be a time (it hasn’t happened to date) where an infant animal is received and the animal isn’t able to be kept with its mother to feed every couple of hours or appropriately cared for by staff/organisation.

 

A feral animal is an animal which is in a wild state, unidentified, and aggressive with no demonstrable human, social interaction. As feral cats are not owned/controlled, they multiply readily and are destructive to wildlife, they pose a nuisance to the community and a threat to the environment. Once captured they have the potential to suffer from capture stress. As these animals are not suitable for rehoming, it is considered that the earlier a decision is made to euthanise the more humane it is for the animal.

 

Under s64 (2) of the act, Council may, in accordance with any policy that has been adopted by the council in relation to the management of feral or infant companion animals, destroy the seized or surrendered animal concerned before the end of the above mentioned mandated periods. For the above mentioned reasons, the safety of staff who have to handle feral cats, and the limited capacity in Councils pound facility; it is considered necessary that these animals are euthanised as soon as possible.

 

Council does not currently have a policy which permits Council to euthanise these animals before the end of the mandated time period. As such, it is recommended that the ‘Companion Animals Control of Dogs and Cats Policy’ be amended to permit this to occur. Such a policy is consistent with the act and the ‘Guideline on the Exercise of Functions under the Companion Animals Act’ issued by the Director General. The draft of the proposed amended policy has been included within attachment 2.

 


 

CONSULTATION:

 

Ranger

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommendation will have any adverse impacts on the environment.

 

Social

 

The community will undoubtedly have a split opinion on the subject matter. However, it is considered that the recommendation puts forward a position which provides a balance with regards to people’s wellbeing, financial costs to the community and the minimisation of risk.

 

Economic

 

As above.

 

Risk

 

As above.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil subject to the recommendation. Additional funds would need to be budgeted for if Council were to pursue a dog park.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil subject to the recommendation

 

Attachments:

1

18129/2018 - Attachment 1 - Letter and Petition

 

2

18128/2018 - Attachment 2 - Draft Policy

 

  


Ordinary Council Meeting - 31 May 2018

Amendment to Companion Animals Policy

 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 31 May 2018

Amendment to Companion Animals Policy

 


 


 


 


 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.9      SF2361            310518         March 2018 Budget Review

 

AUTHOR/ENQUIRIES:    Craig Doolan, Manager Financial Services         

 

Summary:

 

General Fund:               Taking into account revotes from the previous year, this review revises the net operating result for 2017/18 to a deficit of $723,400 and varies Current Liquid Equity to $2,705,100, a decline of $577,100 since the Original Budget.

                                     

Council’s estimated Current Liquid Equity position (available working capital at year end) remains healthy at approximately $1,300,000 above the minimum level as per Council’s policy.

 

 

Water Supplies:             Taking into account revotes from the previous year, this review revises the net operating result for 2017/18 to a deficit of $120,000 and varies Current Liquid Equity to $3,184,200, a decline of $213,100 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $2,100,000 above the minimum level as per Council’s policy.

 

 

Sewerage Services:       Taking into account revotes from the previous year, this review revises the net operating result for 2017/18 to a surplus of $78,200 and varies Current Liquid Equity to $3,708,200, a decline of $22,000 since the Original Budget.

 

Council’s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $2,900,000 above the minimum level as per Council’s policy.

 

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report. On page 5 of the document is a summary of Council’s Cash and Investments (cash reserves). Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2017/18 year as at the 31 March 2018. Also on page 5 is a statement of the YTD expenditure associated with consultancies and legal expenses. It should be noted that these expenses are incorporated in the budget. Council’s contracts register is circularised as a separate document.

 

 

Recommendation:

 

1        That the budget review for the quarter ended 31 March, 2018 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2017/2018.

 

 

OPTIONS:

 

Not Applicable

 

 


 

DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated net current liquid equity surplus is $2,705,100 inclusive of internal loans.

 

The original 2017/18 budget forecast a net operating deficit of $146,300. Items revoted from 2016/17 amounted to $2,202,900. The balance of internal loans borrowed from current liquid equity was $1,400,400.

 

The September review predicted a $228,100 decline in the 17/18 ‘working funds’ result. The December review saw a further decline in ‘working funds’ of $20,000.

 

This review sees a further decline of $468,500 being a $723,400 predicted deficit for the year.

 

Although Current Liquid Equity is predicted to take a substantial hit, it will remain slightly higher than this time last year. A strong cash position provides scope to undertake opportunities to improve the economic, social and environmental capacity of Council when opportunities arise. On the other hand erosion of this position through ad hoc variations is not conducive to sound budget management. Balancing priorities is important in this context as any deficit variation will have to be offset by a future surplus to replenish working capital and retain a strong financial position. In contrast to Water Supplies and Sewerage Services funds, budgeting for surpluses is extremely difficult under a rate pegging environment and operational and capital savings, windfalls from grants and external economic factors improving investment opportunities, areas where surplus funds have been generated in the past, cannot be relied upon year in year out. For example unforeseen revenue received for material disposed at Council’s landfill due to the highway works has been a favourable bonus in recent years.

 

Despite additional waste gate fees revenue of $137,000, a favourable rebate of $25,000 based on the performance of the StateCover Mutual for workers compensation insurance; a $116,000 reduction in the 17/18 loan repayments relating to the later than budgeted draw down of loans for Lanes Bridge and road works; along with a subsidy of $20,000 for work already expended for the North Arm RFS brigade station; a number of other variances were responsible for the revised increase to the predicted deficit at year end.

 

Council has recently accepted the approval of a number of grant applications relating to parks and reserves. Council contributions were required to supplement the grant funds for the majority of the approvals. These undertakings are yet to be committed in the budget with the overall contribution being $285,000. The associated projects are ‘Lighting up Coronation Park’, Macksville Park Amenities, Lighting and Kitchen upgrades, Bowraville Connections Amenities upgrade and Scotts Head Tennis Club Fence replacement.

 

Per Council resolutions the allocation of $116,000 to write off the RMS debtor for emergency repairs that did not qualify for natural disaster funding in 16/17 has been included in this review as well as $75,000 for South Bank Road, $45,000 to replace the PABX system, $25,000 for Bellwood Park Shade Centre, $14,000 for outstanding two way radio licence fees, $20,000 for the Wallace Lane murals, $18,000 for Newee Creek Road slippage, and $10,000 sponsorship to the Island Golf Club to attract NSW golf championships.

 

Also impacting adversely on the predicted result were issues relating to Ranger services that have resulted in a reduction of $60,000 in anticipated parking fines revenue. A further $10,000 was also required for Traffic Signs maintenance. In Other Waste, environmental compliance site works of $12,000 associated with EPA licence are required along with $33,000 for EPA levies from additional material disposed to landfill. A review of Town Services also saw a net increase of $24,000 (Street Cleaning up $80,000, Public Amenities maintenance down $56,000). Also with respect to Town Services an additional $15,000 will be required for Street & Park litter bins repairs and replacement.

 


 

Ensuring no direct impact to the General Activities result was $129,000 from the Domestic Waste Surplus reserve utilised to fund a number of variations in the Domestic Waste activity similar to those mentioned above. Likewise $67,000 has been allocated from Land Development to reflect design for Stage 1 Valla Growth area.

 

It should also be noted that the rollover of income and expenditure to the 18/19 year for Lanes Bridge has been included with this review along with the grant and capital expenditure for the Florence Wilmont Drive to Nursery Road section of the Cycleway.

 

The midyear revision of internal overhead distributions was not completed for this review, therefore allocations when distributed will be the finalised figures at the 30 June.

 

 

WATER SUPPLIES

 

Water Supplies estimated current liquid equity surplus is $3,184,200.

 

The original 2017/18 budget forecast a net operating surplus of $93,100. Items revoted from 2016/17 amounted to $56,800.

 

The September review predicted a $121,400 improvement in the 17/18 result. The December review saw a decline of $156,400.

 

This review sees an $85,000 decline in the predicted result for this financial year.

 

The main contributor was $70,000 required for Macksville reticulated mains repairs following a mains break in Wallace Street. Reticulated mains maintenance and repairs at Nambucca Heads requires a further $20,000, this is offset by savings to pumping station energy costs and pumping plant capital expenditure. $20,000 was also required for Balance Tank Improvements and was offset by South Macksville reservoir and Valla Beach Reservoir Improvement savings.

 

A $12,000 variance for protective clothing costs previously allocated to various jobs also required inclusion.

 

 

SEWERAGE SERVICES

 

Sewerage Services estimated current liquid equity surplus is $3,708,200.

 

The original 2017/18 budget forecast a net operating surplus of $100,200. Items revoted from 2016/17 amounted to $231,300.

 

The September review predicted a $123,400 improvement in the 17/18 result. The December review saw a decline of $33,600.

 

This review sees a slight decline on December of $11,600.

 

Nambucca Heads and Scotts Head Sewer mains maintenance & repair required a variance of $40,000 and $24,000 respectively. These variances were offset by $56,500 carried over from previous year for sewer line rehabilitation not being required along with reallocation of funds from the Recycled Water System upgrade. Scotts Head and Macksville Pump Stations energy costs savings were able to offset $12,000 required for Scotts Head Pump Station operations maintenance.

 

 


 

CONSULTATION:

 

General Manager

Assistant General Managers

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

 

Attachments:

1

17923/2018 - 2018 Draft Budget Review

 

  


Ordinary Council Meeting - 31 May 2018

March 2018 Budget Review

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     31 May 2018

General Manager's Report

ITEM 9.10    SF468              310518         Request for Financial Investment (Donation) for ProAg 2018

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

ProAg is a signature event for Macksville, the agricultural landscape across the Nambucca Valley and broader Mid North Coast.   Event content also reaches into primary industry, lifestyle, new technology, green energy and caters also for the smaller or hobby farmer.  2017 saw the successful return of ProAg Field Days to Macksville after a few years’ break.

 

ProAg will be staged on Friday and Saturday 2 and 3 November 2018 at the Macksville Showground with an open gate for free entry to encourage visitation.  The organisers have also committed to conducting the event in 2019 with the possibility of continuing beyond that. 

 

Council is invited to invest in ProAg 2018 with a support sponsorship package of $3,500 and a presentation supporting the request is attached.

 

 

 

Recommendation:

 

That Council provide sponsorship of $3,500 (incl GST) for ProAg 2018 and in kind support in the form of hanging roadside banners, display of messages via the Variable Message Board (if available) and installation of a Speed Zone at the Showground.

 

 

OPTIONS:

 

Council has the option of not supporting ProAg, however in the scheme of things it is a small investment for a sizable benefit to the local events calendar and local economy.

 

DISCUSSION:

 

ProAg is managed by Fairfax Rural Events – Australia’s biggest and one of the most highly experienced field day organisers, having run AgQuip at Gunnedah since 1995 and FarmFest in Toowoomba since 2005; so it comes with considerable backing and professional expertise.  ProAg 2017 saw the return of big crowds, strong exhibitor numbers and resounding sales results according to Rural Events Group Manager Kate Nugent. 

 

An extensive print and electronic campaign will be in place prior to ProAg to create an awareness and profile for the event and its sponsors. The Rural Events is a division of Fairfax Media, so its reach is high profile and extensive. 

 

Sponsorship Package Inclusions

 

The 2018 support sponsorship package investment is $3,500 (incl GST) non-commissionable with actual promotional benefits valued in access of $10,000. 

 

v SITE

An Outdoor Standard powered Site, 7m frontage x 10m deep, valued at $810; located in a prominent position on the static display grid. 

 

Logo credits with its site reference on site plans and site maps, visitor service information – all featured in print, publications, digital media, official event app, official event web, exhibitor communications and signage.

 

v PROMOTION – PROAG PUBLIC ADDRESS (PA)

10 Activity Program commercials over the two days – “Brought to you by NSC”; a minimum 12 x 30 seconds spots over the two days and 1 x live interview for product advertising.

 

v ADVERTISING – PRINT

•     1 x Half page advertisement to promote NSC in the Mid Coast Observer & Macleay Argus leading up to event.  (Note: the content should be product related rather than just advertising the Council.) 

•     Promotion through newspaper and magazine advertising for the event including The Land Newspaper, Queensland Country Life, North Queensland Register, Stock & Land, Stock Journal, Farm Weekly.

•     Event awareness advertising campaign and features in regional publications including Mid Coast Observer, The Macleay Argus, Macleay Valley Happynings, Nambucca Guardian, Bellingen Courier Sun, Camden Haven Courier, Wauchope Gazette, Port Macquarie News, Port Macquarie Express, Manning Great Lakes Extra, Great Lakes Advocate, Hibiscus Happynings, Manning River Times, Gloucester Advocate and the Wingham Chronicle.

v PROMOTION – SIGNAGE

•     Logo association at Macksville Showground site and signage opportunities at the venue.

v PROMOTION – SOCIAL MEDIA

•     Logo credits in ProAg facebook

•     Opportunity to provide 3 x social media posts with photographs over the four weeks lead-up to the event.

This is a unique opportunity to be involved with the NSW Mid North Coast premier primary industry event and its key marketing activities.

 

ProAg field days will provide an effective, direct contact with a targeted consumer audience which includes our own constituents and a potential source of day or weekend visitors to the valley.  85% of visitors came within 200km radius.

 

CONSULTATION:

 

Manager Business Development

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 

Social

 

An event of this scale and type includes a significant social element where like-minded people can meet, community volunteers can actively engage and residents of the Mid North Coast can enjoy a day out – 39% of people reported that their visit to ProAg was “just looking”.

 


 

Economic

 

The value of an event of this scale should not be taken lightly in terms of benefit to the local economy through accommodation, meals and other services accessed by the organisers and exhibitors.  Fairfax alone housed and catered for 8 staff for 8 days for ProAg 2017.  Further, there were an estimated 10,000 visitors over 2 days; most of whom came from our region – a large potential tourist market.

 

There are also benefits to local service clubs such as SES and Fishing Clubs who were involved in 2017 and received a donation in return for their services.

 

Risk

 

The main risk associated with the subject of this report is that if there is a lack of community and Council support, the event may not continue.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The net cost of $3,150 could be shared equally between Council’s Tourism and Economic Development budgets with an allocation of $1,575 each.

 

Source of fund and any variance to working funds

 

As above.

 

Service level changes and resourcing/staff implications

 

In kind assistance may include display of 6 roadside banners (to be provided by ProAg organisers), use of Variable Message Board (subject to availability), provision of a Traffic Control Plan and/or installation of a Speed Zone at the Showground (if deemed necessary). 

 

Attachments:

1

17927/2018 - Presentation - request for support ProAg 2018, with outcomes from 2017

 

  


Ordinary Council Meeting - 31 May 2018

Request for Financial Investment (Donation) for ProAg 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Ordinary Council Meeting                                                                                                     31 May 2018

Assistant General Manager Engineering Services Report

ITEM 10.1    SF1031            310518         Review of Draft Beach Management Policy

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Council currently has four policies titled Beaches- General Bonfires and Damage, Beaches – General Horses on Beaches, Beaches – Inspectors/Lifesaving Authority to patrol beaches to Train and a Vehicle Access to Beaches. 

 

As part of Council’s ongoing review of policies, a new draft policy has been prepared encompassing all previous policies under a Beach Management Policy.  This is a standalone document that provides residents, Councillors and staff with all the information relating to beach management matters under the auspice of one policy document.

 

In accordance with Council direction for review of policies, the amended draft policy and current policies were provided to Councillors for their comment prior to it being placed on public exhibition.  In this particular instance, comments were also sought from the Vehicular Access To Beaches Committee and Surf Life Saving NSW.  Written comments were encouraged on or before 4.00pm 26 April 2018.

 

Submissions are detailed in the discussion section of this report.   The draft policy has been amended to reflect any changes.

 

 

Recommendation:

 

1        That Council receive and note the new Draft Beach Management Policy which encompasses the existing policies and the introduction of two new statements and procedures into one standalone document as follows :

 

a)   Two new statements and procedure within the Draft Beach Management Policy relating to shark siting / incident management and mammal disposal; and the incorporation of the following existing policies into one standalone document;

b)   Beaches – General bonfires and damage (Our Ref 3958/2006)

c)   Beaches – General horses on beaches  (Our Ref: 3959/2006)

d)   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

e)   Vehicular access to beaches (Our Ref: 4331/2013)

 

2        That Council place the Draft Beach Management Policy (Our Ref: 47676/2017) on public exhibition for a period of 28 days seeking comment,

 

2        That Council advise the Vehicular Access To Beaches Committee members, Macksville-Scotts Head and Nambucca Heads Surf Life Saving Clubs Inc committees, SLS NSW and DPI  - Fisheries NSW that the Draft Beach Management Policy is on public exhibition and can be viewed on Council’s website should they wish to make any further comment.

 

3        That a further report be provided to Council following the closing of the exhibition period advising of any comments received from Councillors, the agencies listed in recommendation No. 2 and the general public detailing any potential amendments to the document and seeking formal adoption of the Draft Beach Management Policy.

 

 

OPTIONS:

 

1        Advertise the proposed draft beach management policy.

 

2        Provide further comment or amendments to the document prior to advertising the draft beach management policy.

 

3        Not proceed with the draft beach management policy/

 

DISCUSSION:

 

This Beach Management Policy is a standalone document that provides residents, Councilor’s and staff with all the information relating to beach management matters under the auspice of one policy document and its adoption will mean that the following specific policies will become redundant as singular policies and form part of the new document:

 

·   Beaches – General bonfires and damage (Our Ref 3958/2006)

·   Beaches – General horses on beaches  (Our Ref: 3959/2006)

·   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

·   Vehicle access to beaches (Our Ref: 20464/2013)

 

The inclusion of the following two new polices within the document:

 

·   New- Marine mammal disposal

·   New – Shark siting/incident management and guidelines

 

The reference to the following polices from environmental services within the document:

 

·    Dog control

 

The following comments were received:

 

Comments from Michael Coulter on behalf of Macksville-Scotts Head SLSC

 

Page No.

Proposed Changes / Comments / Questions

Staff Response

13

if the Council provides the Club with delegated authority to undertake surf carnivals why is it necessary to submit “appropriate application forms” 2 month’s prior to the event with the certificate of currency indemnifying Council

 

SLSNSW provide the Club with its public liability insurance cover and the provision will require me to contact them to get their updated insurance certificate every time we hold a carnival.

 

Also our Club (Nippers) will have a get together with Nambucca Heads Nippers – will that be classified as a surf carnival?

 

Also I don’t know what the “appropriate application forms” are

Whilst delegated authority is provided to the surf clubs to undertake surf carnivals, the areas being occupied are public reserves, open spaces and car park areas and Council should be advised of the activity occurring in accordance with Council’s “Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities”.  Mr Coulter, on behalf of Macksville-Scotts Head SLSC advised that the entire beach is not closed and is open for public access during such events. The advice is required by Council so as to inform the public and to head off any antagonistic complaints.

 


 

 

Comments from Council’s Ranger

Page No.

Proposed Changes / Comments / Questions

Staff Response

 

I have reviewed the document and think it is fine. It would be good in the future to be able to have people buy a permit online to avoid the potential confrontation on the beach if someone was found to be breaching the laws. I am sure most people would prefer to get a beach permit for 12 months at $60 then to receive a fine of $110 and be removed from the beach

The purchase price is accordance with the tri-party arrangement with Port and Kempsey Shire Councils and long term implementation of a MIDROC permit system.  Council are not set up as yet to be able to sell on line

 

Comments from Honorary Ranger Bill Watts

 

Page No.

Proposed Changes / Comments / Questions

Staff Response

 

I believe the draft Beach Management Policy document is a good one and clarifies issues especially pertaining to Volunteer Beach Rangers.  I would be happy for this document to be ratified by Council.

Comment noted.

 

Comments from Honorary Ranger Rhett Smyth and the Nambucca Heads Offshore Fishing Club

 

Page No.

Proposed Changes / Comments / Questions

Staff Response

Page 15

Please refer to page 15 of above policy. The Nambucca Heads Offshore Fishing Club wishes to propose a change to the distance vehicles are allowed to park away from the entry and exits points to beaches. We would like to see Council increase the distance from 20 meters to 100 meters on the beach side of the entry and exit points.

 

When the sand is chopped up and particularly soft, vehicles exiting the beach need a long run up and may need to take a wide angle to the exit point. If other vehicles are parked within a close proximity to the exit point, then there is every chance that the exiting vehicle will get bogged.

 

The entry point or land side can remain at 20 meters.

Concur with the comment that a wider access is required to exit from the beach at various times and the policy has been amended to reflect:

 

Vehicles are not to park on the beach within 100 metres of an access point or along vehicle access tracks.  Vehicles can park within 20 metres of a 4WD track access point, land side only.

 

 

Comments from the Mayor

Page No.

Proposed Changes / Comments / Questions

Staff Response

 

I have read the document and have no recommended changes at this present time

Comment noted.

 

No other comments were received.  The attached draft policy has now been amended accordingly and is ready for public exhibition.

 


 

CONSULTATION:

 

General Manager

Council’s Ranger

Surf Life Saving

The document will go on public exhibition for consultation with the various stakeholders

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Policy addresses environmental management of the beach areas within the Shire.

 

Social

 

The Policy addresses social management of the beach areas within the Shire.

 

Economic

 

The Policy addresses economic management of the beach areas within the Shire.

 

Risk

 

The Policy addresses risk management of the beach areas within the Shire.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current tor future budgets associated with the Policy

 

Source of fund and any variance to working funds

 

Council provides funding for surf lifesaving patrols during the Christmas holiday period

 

Council receive income from the sale of beach permits that are directed to the beach access maintenance.

Service level changes and resourcing/staff implications

 

There are no staff implications associated with this report.

Attachments:

1

47676/2017 - DRAFT - Beach Management Policy

 

2

3958/2006 - POLICY - Beaches - General - Bonfires and Damage

 

3

3959/2006 - POLICY - Beaches - General - Horses on Beaches

 

4

3961/2006 - POLICY - Beaches - Inspectors/Lifesaving - Authority to Patrol Beaches and Train

 

5

4331/2013 - POLICY - Vehicular Access To Beaches

 

  


Ordinary Council Meeting - 31 May 2018

Review of Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

BEACH MANAGEMENT POLICY

 

 

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

 

This Beach Management Policy is a standalone document that provides residents, Councillors and staff with all the information relating to beach management matters under the auspice of one policy document.

 

To provide guidelines for the structured use, management and protection of the natural heritage of beaches and reserves within the Nambucca Local Government Area through the establishment of a system where beach usage can be managed and monitored through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a 4WD vehicle permit system. 

 

To ensure a balance between the protection of natural environs together with an appropriate level of safety, equity, harmony, enjoyment and satisfaction for all persons using the beaches.

 

To provide the appropriate delegated authority to volunteer and paid lifesaving services protecting the safety of beach users and maximising the enjoyment for all key stake holders via the functions of beach patrol, risk management, regulatory controls and signage within the Nambucca LGA.

 

The section on shark siting and management was formulated in consultation with SLSNSW following a significant number of shark sightings and attacks along the coastal areas of NSW.  These guidelines are an aid in recognising and reducing the risks associated with sharks along the beaches within the Nambucca LGA. It also recognises the role of Council and lifesaving services in managing an environment that sharks inhabit and ensuring the general safety of beach goers.

 

As a land manager, Council, National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries are responsible for managing deceased whales or other carcasses that wash ashore.

 

2.0        Related legislation

·      Local Government Act 1993 and regulations

·      Section 377 of the Local Government Act 1993

·      Section 379 of the Local Government Act 1993

·      Section 633 of the Local Government Act 1993

·      Section 681A of the Local Government Act 1993

·      Local Government (General) Regulation 2005

·      Marine Safety Act 1998

·      Water Safety Practice Note No. 15 – September 2010

·      Beach Safety for Visitors to Australian beaches – www.beachsafe.org.au

·      Recreational Vehicles Act 1983

·      Road Transport (Vehicle Registration) Act 1997

·      Road Transport (Vehicle Registration Regulation 2007)

·      Road Transport (Driver Licensing) Act 1998

·      Road Transport (Driver Licensing Regulation 1999)

·      Fisheries Management Act 1994

·      Fisheries Management Regulation

·      Nambucca Shire Council Local Approvals Policy

·      Nambucca Shire Council Companion Animal Act 1998

·      Nambucca Shire Council Management Plan

 

3.0        Definitions

 

Definitions associated with this policy document are contained in ANNEXURE A

 

4.0        Policy statement

 

Nambucca Shire Council as a public authority is duty bound to maintain and protect its natural environment, maintain its assets and provide a balance between protecting the safety of beach users and managing the enjoyment for all key stakeholders 

 

Bonfires - prohibit the lighting of bonfires on beaches as they represent a risk to public safety The Policy recognises the effects on the environment from the lighting of fires, particularly during high fire danger and peak tourist periods, and the potential consequence of an untendered fire.

 

Commercial Activities – any activity for commercial purposes on any beach, community land, parks and reserves that come under the control of Council are regulated through Council’s Local Approvals Policy which outlines the criteria for those activities where approval is required.  This includes activities such as, but not limited to, water based activities (surfboard hire, boat hire, kayak hire, standup paddle boards, surfing lessons, surfing competitions, etc), along with personal or group training, boot camps, and any other commercial activities which may wish to use beaches, parks and reserves within the Nambucca LGA.

 

Dog Control – to maintain harmony between the owners of companion animals, other beach users, Council, Council staff, the Regulatory / Impounding Officer and the RSPCA.  A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash when in an On-Leash Only area.  These areas are defined in Council’s Policy - Companion Animals Control of Dogs and Cats.

 

Fireworks – to have a fireworks display on any beach, community land, parks and reserves that come under the control of Council, the Applicant will require approval under Council’s Local Approvals Policy. The Applicant or their nominated person(s) must obtain a pyrotechnicians licence or a fireworks (single use) licence.  These are available from SafeWork NSW www.safework.nsw.gov.au

 

HorsesHorse-riding is a popular recreation and sporting activity, and appreciation and enjoyment of coastal areas on horseback is a quality experience for horse-riders. All recreational activities, including horse riding, can generate impacts on the environment and must therefore be managed in accordance with legislative requirements and the objectives for which certain lands are allocated.

 

Marine mammal carcasses - formulated to assist staff in managing the disposal of a carcass on the beach. Under current practices, whale carcasses may be left in-situ, buried, or transported to landfill or specified grave sites depending on the whale's size, state of decomposition and location.

 


 

Shark awareness - raise the awareness of a hazard and reduce the risk to the public using the beach facilities, and determine whether a patrolled or unpatrolled beach area is to be closed and swimmers asked to evacuate the water following the confirmation of sighting of a shark.

 

Delegated authority is provided to SLSNSW, DPI - Fisheries NSW and Council officers (hereafter called joint working group) to follow the guidelines in closing a beach(s) and the reopening of the beach(s) to ensure public safety in the event of a shark siting or attack.

 

Surf Life Saving Services, Training, Events, Crowd and Behavioural Management - provides the appropriate delegated authority to volunteer and paid lifesaving services protecting the safety of beach users and maximizing the enjoyment for all key stake holders via the functions of beach patrol, risk management, regulatory controls within the Nambucca LGA

 

Vehicular Access to Beaches: - Defines the locations and conditions where vehicles, professional fishermen, beach haulers and licensed bait gatherers can access and use the beaches.

 

It also defines the role of Council’s Honorary Ranger and the extent of their capacity to advise the public of requirements and restrictions applicable to activities on the beach areas within the Nambucca Shire Council Local Government Area.

 

 

5.0        Promotion of Policy

 

This policy will be freely available on Council’s website. It will be provided to the Committee of Council responsible for managing beach access on Council’s behalf.  Reference to this policy will be made in any media release relating to beach access and on any board, screen or public notifications relating to beaches where appropriate.

 

 

6.0        History

 

Over the years Council has a number of policies related to beach matters.  This has bought about various changes in the way Council manages the beach environs and infrastructure provided to the community and visitors to our shire. 

 

This Beach Management Policy is a standalone document that provides residents, Councilor’s and staff with all the information relating to beach management matters under the auspice of one policy document and following its adoption by Council, will mean that the following specific policies will become redundant:

 

The new policy document will include reference to the following new categories:

 

·      Commercial activities on beaches (surf schools, boot camps etc) refer to Local Approvals Policy

·      Dog control (refer Councils Companion Animals

·      Fireworks

·      Marine mammal disposal

·      Shark siting/incident management and guidelines

 

and the following specific polices will become redundant as they have been combined into this one policy document:

·      Beaches General bonfires and damage (Our Ref 3958/2006)

·      Beaches General horses on beaches  (Our Ref: 3959/2006)

·      Beaches Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

·      Vehicular Access to Beaches (Our Ref: 4331/2013)

 

Bonfires on Beaches Policy was created in 1997 after an incident at Scotts Head. Sign posting was erected at the time and has been maintained since. Bonfires on beaches and reserves often occurs in association with vandalism relating to gaining firewood from trees and structures such as seats and tables.

 


 

Horses on Beaches Policy - For many years Council has permitted horse riding from Swimming Creek to the Valla Beach footbridge including race horses. A section of beach for Scotts Head and Valla Beach was allocated in 2001.

 

Marine Mammal Carcasses – In the past Council has buried the whale carcasses at the beach in an isolated area away from beach users with the assistance and direction of the National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries.

 

Surf Life Saving Services, Training, Events, Crowd and Behavioural Management - the previous Beaches – Inspectors/Lifesaving Authority to Patrol Beaches and To Train Policy did not make reference to the fact that the Surf Clubs also carry out various activities from locations other than ‘their’ beach, of which the Council is either the owner of the land or manager in trust. These areas are now included in this Policy. The Surf Clubs are required to provide these written permissions each year to the NSW Waterways Authority.

 

The written Deeds of Agreement referred to in this policy are to be updated each year prior to each summer patrol period. Section 379 of the LGA states:

 

379 A regulatory function of a council under chapter 7 must not be delegated or sub-delegated to a person or body other than:

 

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

members are either councillors or employees of the council; or

 

(b) an employee of the council; or

 

(c) a county council”

 

Section 379 does not allow council to delegate regulatory functions to Surf Life Saving Clubs, their members nor a company such as Valla Beach Resort. Therefore, the “control public behaviour” reference which appeared in the previous Beaches Policy No. 2 has been omitted from this policy.

 

In terms of regulatory functions, Council appoints SLSC members for the purpose of Section 681A of the Local Government Act 1993 as “authorised persons”. These appointments are reviewed annually.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

AGMES

 

 

Document No.

47676/2017

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

January 2022

 

 

 

TABLE OF CONTENTS

PART A:        PRELIMINARY INFORMATION.. 7

Purpose. 7

Title. 7

Outline. 7

Statutory Context. 7

Consistency. 7

Review of this document. 7

PART B:        LEGISTLATIVE FRAMEWORK. 8

Local Government Act 1993 and regulations. 8

Local Government (General) Regulation 2005. 8

Marine Safety Act 1998. 8

Water Safety Practice Note No. 15 – September 2010. 8

Beach Safety for Visitors to Australian beaches – www.beachsfe.otg.au. 8

Recreational Vehicles Act 1983. 8

Road Transport (Vehicle Registration) Act 1997. 8

Road Transport (Vehicle Registration Regulation 2007) 8

Road Transport (Driver Licensing) Act 1998. 8

Road Transport (Driver Licensing Regulation 1999) 8

Fisheries Management Act 1994. 8

Fisheries Management Regulation. 8

Nambucca Shire Council Plans and Policies: 8

F     Management Plan. 8

F     Companion Animals Control of Cats and Dogs Policy. 8

F     Local Approvals Policy. 8

PART C:        BEACH MANAGEMENT. 9

BONFIRES ON BEACHES. 9

COMMERCIAL ACTIVITIES ON BEACHES. 9

Related Policy - Local Approvals. 9

Application Form.. 9

Lodgement of an application. 9

Assessment of an application. 9

Non-exclusive Licence. 9

DOG AND ANIMAL CONTROL ON BEACHES. 10

FIREWORKS. 10

HORSE RIDING ON BEACHES. 10

MARINE MAMMAL CARCASS DISPOSAL. 10

SHARK SIGHTING AND MANAGEMENT. 11

Procedure for staff and surf lifesaving personnel 11

Actions to be taken on a sighting: 11

Actions to be taken in the event of shark incident/bite: 11

State Duty Officer (SDO): 12

Media Liaison: 12

Reopening patrolled areas after a shark attack: 12

SURF LIFE SAVING SERVICES, TRAINING, EVENTS, CROWD AND BEHAVOURIAL MANAGEMENT: 13

Surf Life Saving Services: 13

Training. 13

Events. 13

Crowd and Behavioural Management 13

VEHICULAR ACCESS TO BEACHES. 14

Where 4WD Beach Access Will Be Permitted. 14

4WD Beach Permits. 14

Commercial Fisherman Permits. 15

Code of Conduct for Professional Fishers. 15

Exemptions from Permits. 16

Speed Restrictions. 16

Penalty infringement 16

Honorary Ranger Rules - Enforcing Beach Permit Conditions. 17

Rules and Regulations Applying to Reserves. 17

Regulation by Notice. 17

Enforcement 17

General Information for Honorary Rangers. 18

Insurance Coverage. 18

Request for repairs or improvements. 18

APPENDIX A – DEFINITIONS. 19

 


 

PART A: PRELIMINARY INFORMATION

 

 

Purpose

Nambucca Shire Council’s adopted mission is:

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

Council has adopted various local policies, in accordance with the Local Government Act 1993 that are relevant to the management of beaches within the LGA.

The purpose of this consolidated document is to bring together all Council policies relating to beaches into a single document and to allow Council’s customers and ratepayers to be reasonably aware of the existence of relevant regulations and local policies.

Title

This consolidated document is the Beach Management Policy.

Outline

The Beach Management Policy generally covers those activities relating to the use of the beaches within the Nambucca LGA that can be done, those that cannot be done, and those that require Council approval.

Statutory Context

The Beach Management Policy is a local policy made under the Local Government Act 1993 (Chapter 7, Part 3).

The Beach Management Policy will be a publicly available policy document under the Freedom of Information Act 1989 and be available on Council website.

Consistency

All Council’s policies are required to comply with the requirements of relevant Acts and Regulations and also to be consistent with the principles of ecologically sustainable development.

Where a local policy is inconsistent with the Local Government Act 1993 or the Regulations, then to the extent to which it is inconsistent is noted and council shall determine whether it is appropriate to retain or remove the dialogue.

In addition, a local policy cannot to be more onerous than the Local Government Act 1993 or the Regulations.

Review of this document

This policy document will be reviewed every four years as required as part of the Nambucca Shire Council Management Plan and within twelve months following the election of a new Council or as required with changes in legislation to ensure that it is up-to-date with current legislation and community expectations.


PART B: LEGISTLATIVE FRAMEWORK

 

 

Council provides various services appropriate to the current and future needs of local communities in accordance with the relevant Acts, Regulations and standards. Some of the relevant Acts, Regulations and standards are outlined below.

 

Local Government Act 1993 and regulations

The Local Government Act 1993 outlines Council’s power to do a range of functions.

 

·      Section 377 of the Local Government Act 1993

·      Section 379 of the Local Government Act 1993

·      Section 633 of the Local Government Act 1993

·      Section 681A of the Local Government Act 1993

 

Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005, made under the Local Government Act 1993, further outlines and defines Council’s powers

 

Marine Safety Act 1998

Water Safety Practice Note No. 15 – September 2010

Beach Safety for Visitors to Australian beaches – www.beachsfe.otg.au

Recreational Vehicles Act 1983

Road Transport (Vehicle Registration) Act 1997

Road Transport (Vehicle Registration Regulation 2007)

Road Transport (Driver Licensing) Act 1998

Road Transport (Driver Licensing Regulation 1999)

Fisheries Management Act 1994

Fisheries Management Regulation

Nambucca Shire Council Plans and Policies:

F Management Plan

Every year, Council prepares a draft Management Plan outlining Council's activities for at least the next 3 years, and the revenue policy for the next year. This includes fees and charges for all of Council’s activities. The draft Management Plan is exhibited and comments are invited from the public prior to it being adopted by Council.

F Companion Animals Control of Cats and Dogs Policy

F Local Approvals Policy


 

PART C: BEACH MANAGEMENT

 

 

 

BONFIRES ON BEACHES

 

To maintain the appreciation and enjoyment of coastal areas and limit the impacts on the environment and the associated issues of timber debris and broken glass, bonfires are prohibited on all beaches in accordance with legislative requirements.

 

COMMERCIAL ACTIVITIES ON BEACHES

 

Related Policy - Local Approvals

 

Applicants wishing to undertake a commercial activity on community land such as parks and reserves, beaches etc., are encouraged to familiarise themselves with the Local Approvals Policy which is available for viewing or download on the Nambucca Shire Council website.  In particular, we refer you to Part 2 – Criteria – Local Approvals Policy – Section B Local Criteria.

 

Application Form

 

Commercial (recreation and tourism) uses are permitted only in locations considered acceptable to the type and scale of use and an Application Form Commercial Activities on Council Controlled Land

 

A non-refundable annual Licence application (plus inspection, lease and bond where applicable) is payable on lodgment of this application form (see Section 3 – Fees). These fees allow for assessment and monitoring of the commercial activity and maintenance of the public reserve related to the area used by the commercial activity.

 

Lodgement of an application

 

Most applications or bookings have a specific form and/or guide designed to assist in the lodgement of the application. Depending on the type of work or activity, fees may apply and where these are required they must be paid at the time of lodgement.

 

An application may be rejected within 7 days of receipt if it is not clear as to the approval sought or the application is not easily legible. Fees if applicable are refunded.

 

Assessment of an application

 

In assessing the more complex applications, additional information may be needed. Where this is the case, Council will contact the applicant within 21 days of receipt of an application.

 

Non-exclusive Licence

 

Any licence issued by Council merely approves the defined commercial activity at the stated locations. The application process, the licence and the applicable fee relate to a regulatory process not the sale of an exclusive right. The licence does not grant or imply exclusive use and the licence holder is always obliged to respect that these are shared public use areas and legitimated potential users include other commercial operators as well as members of the public.

 

Website Link:  Local Approvals Policy

 

 


 

DOG AND ANIMAL CONTROL ON BEACHES

 

Dogs are prohibited in some public places and anyone wishing to take a dog onto community land such as parks and reserves, beaches etc., are encouraged to familiarise themselves with Council’s Companion Animals Control of Dogs and Cats Policy which is available for viewing or download on the Nambucca Shire Council website. 

 

The purpose of a Companion Animals Control of Dogs and Cats Policy is to maintain harmony between the owners of companion animals, other residents, the Council, Council’s staff, the Regulatory/Impounding Officer and the RSPCA. 

 

Website Link:  Companion Animals Policy

 

 

FIREWORKS

 

Fireworks – to have a fireworks display on any beach, community land, parks and reserves that come under the control of Council, the Applicant will require approval under Council’s Local Approvals Policy. The Applicant or their nominated person(s) must obtain a pyrotechnicians licence or a fireworks (single use) licence.  These are available from SafeWork NSW www.safework.nsw.gov.au .

 

HORSE RIDING ON BEACHES

 

Horses can be ridden on the following beaches:

 

·      Swimming Creek north to the footbridge at Valla Beach Foot Bridge

·      Scotts Head north from the four wheel drive access

·      Valla Beach north from the four wheel drive access, with such activity being confined to non-vegetated areas excluding dunal areas

 

 

MARINE MAMMAL CARCASS DISPOSAL

 

As a land manager- Council, National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries are responsible for managing deceased whales or other carcasses that wash ashore.

 

All cetaceans (whales, dolphins and porpoises) are protected under the Federal Environment Protection and Biodiversity Conservation Act, as well as by various pieces of state conservation legislation

NOTE - The Office of Environment and Heritage are reviewing how deceased whales are managed on New South Wales beaches. The review will investigate public concerns, explore the science and suggest potential changes that can give the community greater confidence, this new policy has been developed for the management of Beaches within the Nambucca LGA and will be amended accordingly

 

Council acknowledges that there is;

 

·      no published best practice guideline or common resources that land managers can access to guide their decision making; and

·      that the Office of Environment and Heritage are reviewing how deceased whales are managed on New South Wales beaches

·      As whale numbers increase, it is likely that as a land manager council will need to potentially deal with whale carcasses more regularly.

 

 

SHARK SIGHTING AND MANAGEMENT

 

For the purposes of this document the word shark is used in the broad sense to include all sharks. It is recognised that not all sharks are dangerous with nearly all shark bites in NSW coastal waters being attributed to just three shark types. These include whaler sharks (including bull sharks), tiger sharks and great white sharks (also called white pointer or white shark).

 

Council have erected regulatory and non-regulatory warning signs at each beach access point in accordance with the Australian Standards to warn patrons of the potential hazards.

 

Council encourages safe swimming to reduce the risk of incidents involving sharks and humans, and promote the following precautions:

 

·      Always swim at a designated patrolled beach and between the red and yellow flags.(Council provide a patrolled beach service during the Christmas school holiday period only.

·      Leave the water immediately if a shark is sighted.

·      Leave the water if you hear a siren or a public address announcement. Do not enter the water if the beach is closed.

·      Never swim or surf alone.

·      Avoid swimming when it is dark or during the twilight hours (dusk or dawn) when sharks are most active and have a sensory advantage.

·      Never swim or surf in dirty or murky waters.

·      Do not swim or surf near schools of fish.

·      Do not swim in canals, channels, near a river or creek mouth or drainage outlets or where fish are being cleaned.

·      Steep drop offs are favored shark ‘hangouts’.

·      If you see a shark leave the water as quickly and calmly as possible

 

Procedure for staff and surf lifesaving personnel

 

Actions to be taken on a sighting:

 

In the event of a (lifesaving services, DPI - Fisheries or Council) confirmed shark sighting near the patrolled or unpatrolled area the following procedure shall occur:

 

Determine if patrolled area is to be closed and swimmers asked to evacuate the water (considering size of shark, proximity to swimmers, level of confirmation of sighting and conduct of shark).

 

Actions to be taken in the event of shark incident/bite:

 

In the event of an apparent shark incident/bite, the following procedure should be undertaken by lifesaving services or emergency services attending the incident:

 

·      Recover and treat the patient as per normal procedures;

·      Close the beach immediately – contact Council (02) 6568 2555 business hours or the on call Duty Officer after hours on 1800 26 27 28 so that the appropriate beach closed signage (stored at the Council Works deport Gumma Road can be erected;

·      SurfCom to contact the Branch Duty Officer and State Duty Officer (SDO) on 13SURF who will advise appropriate authorities (i.e. Fisheries NSW and Council) to activate NSW Shark Attack Response Plan;

·      Consider closing patrolled and unpatrolled areas at adjacent beaches;

·      Record as much detail regarding the incident as possible;

·      Implement critical incident debriefing / peer support process;

·      Consider deploying marker buoys at attack site(s) and last seen (victim & shark) locations;

·      Consider securing a body retrieval kit.

 

State Duty Officer (SDO):

 

·      Contact DPI – NSW Fisheries to advise.

·      Contact the SLSNSW Lifesaving Manager and ALS Manager (or Council Lifeguard Supervisor).

·      Ensure that the Rescue Coordinator at the relevant VKG Radio Communication Centre has been advised.

 

Media Liaison:

 

The SLSNSW Lifesaving Manager or Australian Lifeguard Service (NSW) Manager will notify the SLSNSW Media Manager. All media queries, releases and statements relating to shark attacks must be referred to:

 

·      Media Manager or the delegated spokesperson (i.e Lifesaving Manager).

·      Mayor, General Manager or Assistant General Managers for Council

 

Reopening patrolled areas after a shark attack:

 

The decision to reopen patrolled areas after a shark attack should be decision made by the joint working group. This group comprises DPI - Fisheries NSW, SLSNSW, and Council.

 

The beach where the attack occurred shall remain closed for a minimum period of 24 hours following an attack.

 

When deciding to reopen patrolled areas, a risk management approach needs to be undertaken and all risk factors need to be reviewed. If risk factors remain high, beaches should not be reopened.

 

Lifesaving services should be aware of the following risk factors so as to ensure a heightened sense of alertness and an appropriate level of response when these factors are present.

 

While sharks may be present at any time the following risk factors may increase the risk of an encounter with a shark. These risk factors are:

 

·      Twilight hours (dusk or dawn) and night. These are considered as times when sharks are typically more active;

·      Salt water meets fresh water. Often this water is dirty, silt-laden or has debris in it (including rivers);

·      Deeply overcast conditions;

·      Large amounts of fish schooling in the vicinity (seabirds diving is a good indicator of baitfish);

·      The occurrence of a shark attack in the area in the recent past; and

·      Swimming near steep drop offs and between sandbars.

 

Prior to reopening patrolled areas it is strongly recommended that a thorough search of the beach is made through the use of power craft and or aircraft (if available) to confirm that there are no further sightings of sharks in the area.

 

REFERENCE:

Fisheries NSW Shark Smart public education program website

DPI - Sharksmart

 


 

SURF LIFE SAVING SERVICES, TRAINING, EVENTS, CROWD AND BEHAVOURIAL MANAGEMENT:

 

Surf Life Saving Services:

 

Council shall engage the paid service of lifesaving during for the Christmas School holiday period only at the following designated areas;

 

Beach

Number of Lifeguards

Service Times

Period

 

South Valla Beach at Valla Beach

2

7 Days
9.30 am to 3.30 pm

Third week December to  26 January  inclusive of Australia Day

Main Beach at Nambucca Heads

2

5 Days
9.30 am to 3.30 pm

Third week December to  26 January  inclusive of Australia Day

Forster Beach at Scotts Head

2

5 Days
9.30 am to 3.30 pm

Third week December to 26 January  inclusive of Australia Day

 

Council recognises that volunteer surf lifesaving club patrols are of a service and rescue nature.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

 

Training

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to carry out training activities and other events at and from the Stuart Island boat shed and Bellwood reserve, Nambucca Heads.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to carry out training activities and other events at and from the McKay Street boat shed, Macksville.

 

Events

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Nambucca Heads Main Beach. Such authority is issued subject to the appropriate application forms being submitted two (2) months prior to the event with the certificate of currency indemnifying Council for Public Liability

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Scotts Heads Beach. Such authority is issued subject to the appropriate application forms being submitted two (2) months prior to the event with the certificate of currency indemnifying Council for Public Liability

 

Crowd and Behavioural Management

 

Lifeguards, Council Rangers, and the Police have the authority to address issues of inappropriate behaviour such as noncompliance with water safety regulations to ensure public safety.  Persons ignoring the direction of a lifeguard will be dealt with under the relevant clauses of the Local Government Act 1993 and Police enforcement.

 

VEHICULAR ACCESS TO BEACHES

 

This policy recognises that:

 

·      the community holds a number of differing views on whether vehicles should be permitted on Council’s beaches and that there are a number of beaches where there has been a historical use by vehicles for fishing and recreation.

·      the beaches are a sensitive environment that are habitat to a range of native flora and fauna, and are also prone to coastal erosion.

·      the policy establishes a system where beach usage can be managed and monitored through a simple and consistent approach to the regulation of beach access by vehicles achieved through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a vehicle permit system.

·      the role of Honorary Ranger in assisting Council preserve a high standard of safety and enjoyment of persons using beaches within the Nambucca Local Government Area and sets out the guidelines of the extent of their authority

·      Council will allow vehicles to be driven on local beaches at nominated locations providing they obtain a beach access permit and comply with the permit conditions. Details relating to the display of permits, offences, regulations, prohibited and permitted areas are outlined in a brochure entitled “Vehicles on Beaches”.

·      where feasible Council will maintain a cooperative arrangement with adjacent Council’s.  Currently Port Macquarie Hastings, Kempsey and Nambucca Shire Councils operate as a group whereby one permit applies to the three local government areas.

·      Council will allow licensed professional fishermen, beach haulers and licensed bait gatherers to drive on the beaches.  Access to beaches for these activities is allowed over a greater length of beach.  These locations are determined by State Government regulations.

 

These Commercial Operators are required to obtain a beach access permit.  In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

These Commercial Operators shall operate under the Code of Conduct for Professional Fishers contained herein.

 

Where 4WD Beach Access Will Be Permitted

 

Signs are erected as close as possible to the location of the designated beach access entry points.  Vehicles will only be permitted on the following Council controlled beaches:

 

·      Valla/Valla Beach:

            Valla Beach access point (off Cockburn Street, Valla Beach) traversing north for a length of 2.4 km to Oyster Creek Knoll

 

·      Nambucca Heads:

          Swimming Creek Road access point traversing north towards Hyland Park for a length of 3.7km.

 

·      Scotts Head – Forster Beach:

            Forster Beach access point (off South Pacific Drive, Scotts Head) traversing north for a length of 10.6km.

 

4WD Beach Permits

 

·      Permits are required for all users of vehicles on beaches.

·      Vehicles may only access the beach at approved and signposted access points.

·      12 month beach access permit and a 2 week temporary permit are available from Nambucca Shire Council’s Administration Centre and selected locations. Permits apply for the financial year.

·      Permit fees are to be set annually by Council each financial year.

·      Permits must be clearly displayed on the windscreen or rear window of the vehicle and at the rear number plate of a motorcycle.

·      Permits are not transferable between vehicles – one permit per car/motorcycle is issued.

·      A replacement/damaged permit may be obtained on request at full cost.

·      The use of vehicles on the frontal dune is totally prohibited, this includes parking of vehicles.

·      Vehicles are not to park on the beach within 100 metres of an access point or along vehicle access tracks.  Vehicles can park within 20 metres of a 4WD track access point, land side only.

·      Users are to ensure that all passengers are wearing seat belts – riding in the rear of utilities or in a similar unconstrained manner is not permitted.

 

 

Commercial Fisherman Permits

 

The conditions for the issue of Permits to drive vehicles on the beach for Professional Net Fishermen shall be:

 

·      Permits will only be issued to Licensed Net Fishermen

·      Vehicles may only access the beach at approved and signposted access points.

·      The vehicle nominated on the Permit shall be distinctly marked with the name of the Licensed Fisherman and the words "Net Fisherman" displayed thereon.

·      The compliance with items of conditions applicable to Amateur Fishermen.

·      The Fishermen shall not operate through or drive upon pedestrian areas.

·      Vehicles to be driven onto beaches at specified locations to be designated on the permit.

·      The Permit fee for Professional Fishermen is set annually.

 

In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

Code of Conduct for Professional Fishers

 

The Code of Conduct as detailed in the minutes of the Vehicles on Beaches Task Force of 15 December 1992 and detailed below is Council policy:

 

Code of Conduct for Commercial Fisherman

Beach Hauling and Bait Gathering  Within the Nambucca and Kempsey Shires and Hastings Municipality

 

1    I will observe all the conditions under which my Beach Driving Permit is issued.

2    I will observe all Council and other relevant authorities' regulations, paying particular attention to:

i      Camping

ii     Litter

iii     Lighting of fires

iv    Toileting

v     Consumption of alcohol

vi    Speed limits

vii    Key regulations

viii   Protection of coastal vegetation

 

3    I will keep to the absolute minimum, the number of vehicles my crew have on the beach.

4    I will display on my vehicle in large letters my fisherman's file number and the number issued to my licensed fishing boat (if applicable).

5    I will co-operate with dune care groups and assist with their management plans.

6    I will obey reasonable instructions from Surf Life Saving Club duty patrol officers and Council Beach Inspectors.

7    I will only use my vehicle on areas specifically set aside for Professional Fishermen whilst actively engaged in bona fide fishing.

8    I will operate the hazard lights or revolving lights on my vehicle when driving on the beach, whenever common sense dictates.

9    On beaches within National Parks and Reserves

i    particular care will be taken to drive below the mean high water mark and to never drive on dunal vegetation.

ii   no dogs will be taken into National Parks.

The practice of "SPOTLIGHTING" is banned on all beaches within the Nambucca Shire and Hastings Municipality and all beaches except Trial Bay within Kempsey Shire.  The permission of the Arakoon State Recreation Trust will be necessary to "spot light" on Trial Bay.

 

10   I understand that a breach of this Code of Conduct may result in either my permit being cancelled or a refusal to issue a permit for next season.

 

Exemptions from Permits

 

·      Persons launching and retrieving boats at specifically designated areas.  These areas being the boat ramps at Shelly Beach, Nambucca Heads and Forster Beach, Scotts Head (near the Surf Club).

·      Volunteer and professional life saving services during patrols, carnivals and training.

·      Emergency services during an operation relating to rescues, environmental emergency (e.g. oil spill) illegal landings (e.g. boat people).

·      Authorised Council staff and contractors relating to beach maintenance (raking and litter collections) re-leveling of boat ramp access, weed control, beach improvements (e.g. construction of erosion protection structures), restoration of dunes, re-vegetation, cleanups (e.g. litter from storms, collection and disposal of dead animals, large quantities of seaweed), opening or closing estuary entrances in accordance with Plans of Management and/or government approvals.

·      Authorised staff, agents and contractors of State and Federal Government agencies in the performance of their duties.

 

Council will maintain a register of permit holders.  Access to the register will be provided to Council’s Ranger. 

 

Speed Restrictions

 

Users shall at all times observe the need to drive vehicles in a safe and responsible manner that does not impose a threat to the safety of other beach users. This especially applies to areas around the access points to beaches where bathers are more likely to be encountered.

 

The following speed limits shall apply:

 

50 km/h maximum speed limit on all beaches:

25 km/h maximum speed shall apply when a vehicle is within 100 metres of people on the beach

 


 

Penalty infringement

 

Council staff will be responsible for implementing the policy with regular inspections during peak holiday periods.

 

Registration plates of vehicles observed without a permit will be recorded and forwarded to the NSW Police or issued a penalty infringement notice from Council’s Ranger.

 

Any person driving in restricted or prohibited areas will be considered to be in breach of the Recreation Vehicles Act 1983 which provides for penalties of up to $500, or a breach of the Local Government Act 1993 which provides for penalties of up to $550. On-the-spot fines of $110 may be also issued. Nambucca Shire Council reserves the right to withdraw the beach driving permit from vehicles found contravening this policy

 

The following persons are authorised to enforce this policy:

 

·      Officers of the NSW Police Force

·      Authorised Officers as defined under the Recreational Vehicles Act 1983

·      Council Ranger

·      Officers of the National Parks and Wildlife Service

 

Honorary Ranger Rules - Enforcing Beach Permit Conditions

 

Honorary Rangers are appointed under Section 377 of the Local Government Act 1993 and have the role of advising the public of requirements and restrictions applicable to activities on beach areas within the Nambucca Shire Council Local Government Area, and of reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

Council’s Honorary Rangers may call for the removal of any person, who by disorderly or insulting conduct on the public beach areas within the Nambucca Shire Council Local Government Area causes annoyance or inconvenience to the persons then present or going to or coming from the same.

 

The Honorary Ranger’s authority does not, extend to issuing fines or themselves undertaking forceful action, except in as much as their everyday rights of a citizen apply.

 

All Honorary Rangers will be supplied with an authorised Identification Badge to be carried and presented when acting in Honorary Ranger capacity.

 

Rules and Regulations Applying to Reserves

 

The role of an Honorary Ranger will largely be performed by “keeping an eye out” for anti-social behaviour and, if necessary, reporting the incident to Councils Ranger and or Police.

 

Regulation by Notice

 

Council beaches are sign posted to regulate their use and include but not limited to:

 

(a) the lighting of fires on beaches;

(b) the taking of animals onto beaches;

(c) vehicular access on beaches

 

Enforcement

 

With respect to the enforcement of the provisions of the Local Government Act, you should not expose yourself to dangerous situations in the performance of your duties as an Honorary Ranger.

 

If you judge it would be unwise to directly involve yourself in any particular situation contact the Council’s Ranger, or for serious matters, the Police. If you have any queries on your powers and responsibilities do not hesitate to contact Council officers who will be pleased to give you guidance.

 

As an Honorary Ranger you have the role of advising the public of requirements and restrictions applicable to activities on the beach areas of the Nambucca Shire Local Government Area and reporting details of breaches to Council’s Ranger and/or the Police, for further action.

 

Ø Only allowing vehicles with permits to be on the beach

Ø Permits are void if not current or fixed to the vehicle

Ø Recommend fines or for permits to be revoked

Ø Direct drivers to observe the safety of other beach users (swimmers, walkers, sunbathers)

Ø Direct drivers to leave beaches not authorised for 4WD use (as shown on permit brochure).  Council is to be advised of vehicle and driver details for potential fines and loss of permit.

Ø Enforce 50km/h speed limit and 25km/h speed limit near people.

Ø Do not use vulgar language, swear or be aggressive during enforcement.

Ø Restrict vehicle use below the high water mark after accessing the beach.

 

Council’s Ranger can be contacted on (02) 6568 2555 during business hours or 1800 26 27 28 After Hours.

 

 

General Information for Honorary Rangers

 

Insurance Coverage

 

As an Honorary Ranger you are covered under Council’s Public Liability policy, against claims on you by the general public for personal injury and/or damage to property. This coverage however, applies only while performing your duties as an Honorary Ranger.

 

Request for repairs or improvements

 

Although Council undertakes its own inspections of reserves and beaches for routine maintenance and improvements as an Honorary Ranger if you feel maintenance is required to guarantee safety within a beach area or you have any ideas as to how a beach area might be embellished, please contact Council’s Department of Engineering Services on (02) 6568 2555.

 

Hazards should always be reported as soon as possible to Council on:

 

(02) 6568 2555 during business hours, or 1800 26 27 28 After Hours

 

If in doubt, call Council or the Police.  Avoid confrontation, you are valued asset - let the Council Ranger or Police take the action.

 

 

 


 

APPENDIX A – DEFINITIONS

 

For the purposes of this policy:

 

TERM

DEFINITION

Beach access

refers to use of the beach by a vehicle as defined in 3.3.

Council Ranger

 

Council rangers are officers employed by Local Government Areas to enforce the by-laws of those local governments and a limited range of state laws relating to such matters as litter control, animal control, dog laws, fire control, off-road vehicles, emergency management, and parking.

 

Rangers are responsible for enforcing off-road vehicle laws by patrolling bush lands, beaches and reserves to protect sensitive areas from unauthorised off road vehicles use.

 

Driving Speed

refers to the legal driving speeds imposed on the beach.

Emergency services

refers to any recognised government or community group providing disaster relief, and includes the Rural Fire Service (RFS), State Emergency Service (SES), Police, ambulance, NPWS Marine Rescue Unit, Surf Life Saving and the like.

Honorary Ranger

Honorary Rangers are appointed and provided with delegated authority under Section 377 of the Local Government Act 1993 and have the role of advising the public of requirements and restrictions applicable to activities on the beach areas of the Nambucca Shire Local Government Area and reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

The Honorary Ranger’s authority does not extend to issuing fines.

 

Honorary Ranger Rules – Enforcing Beach Permit Conditions

 

A developed set of rules for the Honorary Ranger to perform their role in “keeping an eye out” for anti-social behaviour and, if necessary, reporting the incident is referred to in this Policy.

 

Public land and reserves

refers to road reserves, public parks, beaches and foreshores and all Crown land.

Right-Of Way

 

refers to beach users having the right-of-way over motor vehicles at all times and motor vehicles must be kept at a reasonable and safe distance from other beach users. 

Unlicensed Drivers

refers to all persons driving or riding motor vehicles must be licensed in accordance with the Road Transport (Driver Licensing) Act 1998 and Road Transport (Driver Licensing Regulation 1999.

Vehicle

is any motorised conveyance (4WD/AWD; motorcycle), with the exception of a motorised wheel chair or the like providing personal mobility for the disabled.

 

3.3.1  Unregistered Vehicles

 

§  Motor vehicles not registered under the Road Transport (Vehicle Registration) Act 1997 and Road Transport (Vehicle Registration Regulation 2007 are prohibited from all beaches.

 

§  Disabled drivers MAY apply for a special licence under RTA unregistered vehicles provision.

 


Ordinary Council Meeting - 31 May 2018

Review of Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

BEACHES – GENERAL

BONFIRES and DAMAGE

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 16 January 1997     

Last reviewed: 21 February 2008

20 October 2010 

 

 

 

1.0     Policy objective

 

To ensure that beaches are safer to use by prohibiting bonfires therefore limiting the associated issues of timber debris and broken glass.

 

2.0     Related legislation

 

3.0        Definitions

 

4.0     Policy statement

 

Council prohibits the creation and lighting of bonfires on beaches as they represent a risk to public safety.

 

Council will enforce this policy through signage, involvement of Rangers, staff and the Police.

 

5.0         History

 

In 1997 Council introduced this policy after an incident at Scotts Head.

 

Sign posting was erected at the time and has been maintained since.

 

Bonfires to occur on beaches and reserves often in association with vandalism relating to gaining firewood from trees and structures such as seats and tables.

 

 

 


 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

OLD POLICY

BEACHES – GENERAL

BONFIRES and DAMAGE

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 16 January 1997     

Last reviewed: 16 September 2004 

 

 

 

 

In relation to bonfires on beaches and associated drinking sessions and glass breaking sessions, the following be adopted:

 

1          Signage - that appropriate signage be installed at the various access points to beaches in the Shire, ie Forster Beach, Scotts Head;  Little Beach, Scotts Head;  Main Beach, Nambucca Heads;  Shelly Beach, Nambucca Heads, Swimming Creek Nambucca Heads and Valla Beach north and south;  stating that the lighting of fires is prohibited on the beach areas.

 

2          Following such instances, the Director Operations and Technical Services be required to arrange for the cleaning up of the bonfire sites and broken glass in the main beach areas when reported.

 

3          That persons reporting the bonfires, broken glass and drinking session be directed to the after hours of Council's Ordinance and Impounding Officer as the initial point of contact.

 

4          That the Police be involved on all occasions and whenever possible in regard to such incidences.

 

HISTORY

 

16.01.97

 

Cr Moran has brought to my attention the fact that a bonfire was lit on the Scotts Head beach in proximity to the timber ramp constructed by Council over the end of the main town drain and in general proximity to the boat ramp.

 

As a result of the bonfire and smashed bottles following a drinking session, there is quite a mess remaining including posing a threat to beach users because of broken glass in sand and probably hot coals initially.

 

Under the circumstances Council should address a policy given Council's responsibility for beach areas in the Shire, Council's area extends to a straight line drawn between any two headlands adjoining, and the policy should address signage, cleaning up after such incidents, involving the Police, and after hours contact number and even perhaps involving the Ordinance and Impounding Officer as an emergency contact with a view to following up with the Police in relation to requests to desist.

 

 


Ordinary Council Meeting - 31 May 2018

Review of Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

BEACHES – GENERAL

HORSES ON BEACHES

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 16 April 2001     

Last reviewed: 21 February 2008

20 October 2010 

 

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

The riding of horses is permitted from:

 

¨          Swimming Creek north to the footbridge at Valla Beach Foot Bridge

¨          Scotts Head north from the four wheel drive access

¨          Valla Beach north from the four wheel drive access,

 

with such activity being confined to non-vegetated areas excluding dunal areas.

 

4.1     History

 

For many years Council has permitted horse riding from Swimming Creek to the Valla Beach foot bridge including race horses.

 

A section of beach for Scotts Head and Valla Beach was allocated in 2001.

 


Ordinary Council Meeting - 31 May 2018

Review of Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

BEACHES—INSPECTORS/LIFESAVING

AUTHORITY TO PATROL BEACHES & TO TRAIN

 

 

 

Responsibility:  Engineering Services

 

 

Adopted: 5 SEPTEMBER 1996 (011 & 013)     

Last reviewed by Council: 16 SEPTEMBER 2004

20 October 2010 

 

1.0     Policy objective

 

2.0     Related legislation

Section 377 of the Local Government Act 1993

Section 379 of the Local Government Act 1993

Section 633 of the Local Government Act 1993

Section 681A of the Local Government Act 1993

Nambucca Shire Council Honorary Lifeguard Law Enforcement Manual

 

3.0       Definitions

 

4.0     Policy statement

 

INTRODUCTION

 

Council recognises that surf life saving club patrols are of a service and rescue nature.

 

1        That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

 

2        That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Nambucca Heads Main Beach.  Such authority is issued subject to the appropriate application forms being submitted to Council.

 

3        That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to carry out training activities and other events at and from the Stuart Island boat shed and Bellwood reserve, Nambucca Heads.

 

4        That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to carry out training activities and other events at and from the McKay Street boat shed, Macksville.

 

Note:  See also Policy 6 (S40/9)


2

BEACHES - INSPECTORS/LIFESAVING

 

5        History

 

The previous Beaches Policies did not make reference to the fact that the Surf Clubs also carry out various activities from locations other than ‘their’ beach, of which the Council is either the owner of the land or manager in trust. These areas are now included in this Policy.

 

The Surf Clubs are required to provide these written permissions each year to the NSW Waterways Authority.

 

The written Deeds of Agreement referred to in this policy are updated annually prior to each summer patrol period.

 

Section 379 of the LGA states:

 

379    A regulatory function of a council under chapter 7 must not be delegated or sub-delegated to a person or body other than:

 

(a)        a committee of the council of which all the members are councillors or of which all the members are either councillors or employees of the council; or

(b)        an employee of the council; or

(c)        a county council”

 

Section 379 does not allow council to delegate regulatory functions to Surf Life Saving Clubs, their members nor a company such as Valla Beach Resort. Therefore, the “control public behaviour” reference which appeared in the previous Beaches Policy No. 2 has been omitted from this policy.

 

In terms of regulatory functions, Council appoints SLSC members for the purpose of section 681A of the Local Government Act 1993 as “authorised persons”.  These appointments are reviewed annually.

 

 


Ordinary Council Meeting - 31 May 2018

Review of Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

VEHICULAR ACCESS TO BEACHES

 

 

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

 

1.1       To define the locations and conditions where vehicles may drive on beaches in order to minimise the impact on other beach users and the environment.

 

1.2       To define the locations and conditions where professional fishermen, beach haulers and licensed bait gatherers access on the beaches.

 

1.3       To define the role of an Honorary Ranger and the extent of their capacity to advise the public of requirements and restrictions applicable to activities on the beach areas within the Nambucca Shire Council Local Government Area.

 

1.4       To preserve a high standard of safety and enjoyment of persons using beaches within the Nambucca Local Government Area through the establishment of a system where beach usage can be managed and monitored through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a vehicle permit system.

 

 

2.0     Related Legislation

 

Local Government Act 1993

Recreational Vehicles Act 1983

Road Transport (Vehicle Registration) Act 1997

Road Transport (Vehicle Registration Regulation 2007)

Road Transport (Driver Licensing) Act 1998

Road Transport (Driver Licensing Regulation 1999)

Fisheries Management Act 1994

Fisheries Management Regulation

 

 

3.0       Definitions

 

For the purposes of this policy:

 

3.1       Public land and reserves

            refers to road reserves, public parks, beaches and foreshores and all Crown land.


3.2     Beach access

          refers to use of the beach by a vehicle as defined in 3.3.

 

3.3       Vehicle

            is any motorised conveyance (4WD/AWD; motorcycle), with the exception of a motorised wheel chair or the like providing personal mobility for the disabled.

           

            3.3.1         Unregistered Vehicles

 

§ Motor vehicles not registered under the Road Transport (Vehicle Registration) Act 1997 and Road Transport (Vehicle Registration Regulation 2007 are prohibited from all beaches.

 

§ Disabled drivers MAY apply for a special licence under RTA unregistered vehicles provision.

 

3.4       Unlicensed Drivers

            refers to all persons driving or riding motor vehicles must be licensed in accordance with the Road Transport (Driver Licensing) Act 1998 and Road Transport (Driver Licensing Regulation 1999.

 

3.5       Emergency services

            refers to any recognised government or community group providing disaster relief, and includes the Rural Fire Service (RFS), State Emergency Service (SES), Police, ambulance, NPWS Marine Rescue Unit, Surf Life Saving and the like.

 

3.6       Driving Speed

            refers to the legal driving speeds imposed on the beach.

 

3.7       Right-Of Way

            refers to beach users having the right-of-way over motor vehicles at all times and motor vehicles must be kept at a reasonable and safe distance from other beach users. 

 

3.8       Honorary Ranger

            Honorary Rangers are appointed and provided with delegated authority under Section 377 of the Local Government Act 1993 and have the role of advising the public of requirements and restrictions applicable to activities on the beach areas of the Nambucca Shire Local Government Area and reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

          The Honorary Ranger’s authority does not extend to issuing fines.

 

3.9       Council Ranger

            Council rangers are officers employed by Local Government Areas to enforce the by-laws of those local governments and a limited range of state laws relating to such matters as litter control, animal control, dog laws, fire control, off-road vehicles, emergency management, and parking.

 

            Rangers are responsible for enforcing off-road vehicle laws by patrolling bush lands, beaches and reserves to protect sensitive areas from unauthorised off road vehicles use.

 

3.10     Honorary Ranger Rules – Enforcing Beach Permit Conditions

            A developed set of rules for the Honorary Ranger to perform their role in “keeping an eye out” for anti-social behaviour and, if necessary, reporting the incident is referred to in 12.2 of this Policy.


4.0     Policy Statement

 

The policy recognises that:

 

·        the community holds a number of differing views on whether vehicles should be permitted on Council’s beaches and that there are a number of beaches where there has been a historical use by vehicles for fishing and recreation.

·        the beaches are a sensitive environment that are habitat to a range of native flora and fauna, and are also prone to coastal erosion.

·        the policy establishes a system where beach usage can be managed and monitored through a simple and consistent approach to the regulation of beach access by vehicles achieved through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a vehicle permit system.

·        The policy recognises the role of Honorary Ranger in assisting Council preserve a high standard of safety and enjoyment of persons using beaches within the Nambucca Local Government Area and sets out the guidelines of the extent of their authority

·        Council will allow vehicles to be driven on local beaches at nominated locations providing they obtain a beach access permit and comply with the permit conditions. Details relating to the display of permits, offences, regulations, prohibited and permitted areas are outlined in a brochure entitled “Vehicles on Beaches”.

·        where feasible Council will maintain a cooperative arrangement with adjacent Council’s.  Currently Port Macquarie Hastings, Kempsey and Nambucca Shire Councils operate as a group whereby one permit applies to the three local government areas.

·        Council will allow licensed professional fishermen, beach haulers and licensed bait gatherers to drive on the beaches.  Access to beaches for these activities is allowed over a greater length of beach.  These locations are determined by State Government regulations.

 

These Commercial Operators are required to obtain a beach access permit.  In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

These Commercial Operators shall operate under the Code of Conduct for Professional Fishers contained herein.

 

 

5.0     Where Beach Access Will Be Permitted

 

Signs are erected as close as possible to the location of the designated beach access entry points.

 

Vehicles will only be permitted on the following Council controlled beaches

 

5.1     Valla - Valla Beach

          Valla Beach access point traversing north for a length of 2.4 km to Oyster Creek Knoll

 

5.2     Nambucca Heads

            Swimming Creek Road access point traversing north towards Hyland Park for a length of 3.7km.

 

5.3     Scotts Head – Forster Beach

          Forster Beach access point traversing north for a length of 10.6km

 


6.0     Permits

 

6.1     Permits are required for all users of vehicles on beaches.

 

6.2     Vehicles may only access the beach at approved and signposted access points.

 

6.3       12 month beach access permit will be available from Beach Rangers, Nambucca Shire Council offices and selected locations. Permits apply for the financial year.

 

6.3     Permit fees are to be set annually by Council each financial year.

 

6.4       Permits must be clearly displayed on the windscreen or rear window of the vehicle and at the rear number plate of a motorcycle.

 

6.5     Permits are not transferable between vehicles – one permit per car/motorcycle is issued.

 

6.6     A replacement/damaged permit may be obtained on request at full cost.

 

6.7       The use of vehicles on the frontal dune is totally prohibited, this includes parking of vehicles.

 

6.8       Vehicles are not to park on the beach within 20 metres of an access point or along vehicle access tracks.

 

6.9       Users are to ensure that all passengers are wearing seat belts – riding in the rear of utilities or in a similar unconstrained manner is not permitted.

 

 

7.0     Commercial Fisherman Permits

 

The conditions for the issue of Permits to drive vehicles on the beach for Professional Net Fishermen shall be:

 

7.1     Permits will only be issued to Licensed Net Fishermen

 

7.2     Vehicles may only access the beach at approved and signposted access points.

 

7.2       The vehicle nominated on the Permit shall be distinctly marked with the name of the Licensed Fisherman and the words "Net Fisherman" displayed thereon.

7.3     The compliance with items of conditions applicable to Amateur Fishermen.

 

7.4     The Fishermen shall not operate through or drive upon pedestrian areas.

 

7.5     Vehicles to be driven onto beaches at specified locations to be designated on the permit.

 

7.6     The Permit fee for Professional Fishermen is set annually.

 

In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

 


8.0     Code of Conduct for Professional Fishers

 

The Code of Conduct as detailed in the minutes of the Vehicles on Beaches Task Force of 15 December 1992 and detailed below is Council policy:

 

¨          Code of Conduct for Commercial Fisherman

¨          Beach Hauling and Bait Gathering  Within the Nambucca and Kempsey Shires and Hastings Municipality

 

1        I will observe all the conditions under which my Beach Driving Permit is issued.

 

2        I will observe all Council and other relevant authorities' regulations, paying particular attention to:

i         Camping

ii        Litter

iii       Lighting of fires

iv       Toileting

v        Consumption of alcohol

vi       Speed limits

vii      Key regulations

viii     Protection of coastal vegetation

 

3        I will keep to the absolute minimum, the number of vehicles my crew have on the beach.

 

4        I will display on my vehicle in large letters my fisherman's file number and the number issued to my licensed fishing boat (if applicable).

 

5        I will co-operate with dune care groups and assist with their management plans.

 

6        I will obey reasonable instructions from Surf Life Saving Club duty patrol officers and Council Beach Inspectors.

 

7        I will only use my vehicle on areas specifically set aside for Professional Fishermen whilst actively engaged in bona fide fishing.

 

8        I will operate the hazard lights or revolving lights on my vehicle when driving on the beach, whenever common sense dictates.

 

9        On beaches within National Parks and Reserves

 

i         particular care will be taken to drive below the mean high water mark and to never drive on dunal vegetation.

 

ii        no dogs will be taken into National Parks.

 

10      The practice of "SPOTLIGHTING" is banned on all beaches within the Nambucca Shire and Hastings Municipality and all beaches except Trial Bay within Kempsey Shire.  The permission of the Arakoon State Recreation Trust will be necessary to "spot light" on Trial Bay.

 

11      I understand that a breach of this Code of Conduct may result in either my permit being cancelled or a refusal to issue a permit for next season.


9.0     Exemptions from Permits

 

9.1.      Persons launching and retrieving boats at specifically designated areas.  These areas being the boat ramps at Shelly Beach, Nambucca Heads and Forster Beach, Scotts Head (near the Surf Club).

 

9.2.    Volunteer and professional life saving services during patrols, carnivals and training.

 

9.3       Emergency services during an operation relating to rescues, environmental emergency (e.g. oil spill) illegal landings (e.g. boat people).

 

9.4       Authorised Council staff and contractors relating to beach maintenance (raking and litter collections) re-leveling of boat ramp access, weed control, beach improvements (e.g. construction of erosion protection structures), restoration of dunes, re-vegetation, cleanups (e.g. litter from storms, collection and disposal of dead animals, large quantities of seaweed), opening or closing estuary entrances in accordance with Plans of Management and/or government approvals.

 

9.5       Authorised staff, agents and contractors of State and Federal Government agencies in the performance of their duties.

 

9.6       Council will maintain a register of permit holders.  Access to the register will be provided to Council’s Ranger. 

 

 

10.0   Speed Restrictions

 

10.1     Users shall at all times observe the need to drive vehicles in a safe and responsible manner that does not impose a threat to the safety of other beach users. This especially applies to areas around the access points to beaches where bathers are more likely to be encountered.

 

10.2   The following speed limits shall apply:

 

10.2.1       50 km/h maximum speed limit on all beaches:

10.2.2       25 km/h maximum speed shall apply when a vehicle is within 100 metres of people on the beach

 

 

11.0   Penalty infringement

 

Council staff will be responsible for implementing the policy with regular inspections during peak holiday periods.

 

Registration plates of vehicles observed without a permit will be recorded and forwarded to the NSW Police or issued a penalty infringement notice from Council’s Ranger.

 

Any person driving in restricted or prohibited areas will be considered to be in breach of the Recreation Vehicles Act 1983 which provides for penalties of up to $500, or a breach of the Local Government Act 1993 which provides for penalties of up to $550. On-the-spot fines of $110 may be also issued. Nambucca Shire Council reserves the right to withdraw the beach driving permit from vehicles found contravening this policy

 

The following persons are authorised to enforce this policy:

 

·      Officers of the NSW Police Force

·      Authorised Officers as defined under the Recreational Vehicles Act 1983

·      Council Ranger

·      Officers of the National Parks and Wildlife Service

 

 

12.0   HONORARY RANGER RULES - ENFORCING BEACH PERMIT CONDITIONS

 

12.1   Introduction

 

            Honorary Rangers are appointed under Section 377 of the Local Government Act 1993 and have the role of advising the public of requirements and restrictions applicable to activities on beach areas within the Nambucca Shire Council Local Government Area, and of reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

Council’s Honorary Rangers may call for the removal of any person, who by disorderly or insulting conduct on the public beach areas within the Nambucca Shire Council Local Government Area causes annoyance or inconvenience to the persons then present or going to or coming from the same.

 

The Honorary Ranger’s authority does not, extend to issuing fines or themselves undertaking forceful action, except in as much as their everyday rights of a citizen apply.

 

All Honorary Rangers will be supplied with an authorised Identification Badge to be carried and presented when acting in Honorary Ranger capacity.

 

12.2   Rules and Regulations Applying to Reserves

 

            The role of an Honorary Ranger will largely be performed by “keeping an eye out” for anti-social behaviour and, if necessary, reporting the incident to Councils Ranger and or Police.

 

          12.2.1         Regulation by Notice

Council beaches are sign posted to regulate their use and include but not limited to:

(a) the lighting of fires on beaches;

(b) the taking of animals onto beaches;

(c) vehicular access on beaches

 

12.3   Enforcement

 

            With respect to the enforcement of the provisions of the Local Government Act, you should not expose yourself to dangerous situations in the performance of your duties as an Honorary Ranger.

 

If you judge it would be unwise to directly involve yourself in any particular situation contact the Council’s Ranger, or for serious matters, the Police. If you have any queries on your powers and responsibilities do not hesitate to contact Council officers who will be pleased to give you guidance.

 

As an Honorary Ranger you have the role of advising the public of requirements and restrictions applicable to activities on the beach areas of the Nambucca Shire Local Government Area and reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

Ø  Only allowing vehicles with permits to be on the beach

Ø  Permits are void if not current or fixed to the vehicle

Ø  Recommend fines or for permits to be revoked

Ø  Direct drivers to observe the safety of other beach users (swimmers, walkers, sunbathers)

Ø  Direct drivers to leave beaches not authorised for 4WD use (as shown on permit brochure).  Council is to be advised of vehicle and driver details for potential fines and loss of permit.

Ø  Enforce 50km/h speed limit and 25km/h speed limit near people.

Ø  Do not use vulgar language, swear or be aggressive during enforcement.

Ø  Restrict vehicle use below the high water mark after accessing the beach.

 

          Council’s Ranger can be contacted on (02) 6568 0256.

 

12.4   General Information

 

          12.4.1         Insurance Coverage

 

                        As an Honorary Ranger you are covered under Council’s Public Liability policy, against claims on you by the general public for personal injury and/or damage to property. This coverage however, applies only while performing your duties as an Honorary Ranger.

 

          12.4.2         Request for repairs or improvements

 

                        Although Council undertakes its own inspections of reserves and beaches for routine maintenance and improvements as an Honorary Ranger if you feel maintenance is required to guarantee safety within a beach area or you have any ideas as to how a beach area might be embellished, please contact Council’s Department of Engineering Services on (02) 6568 2555.

 

          12.4.3         Hazards should always be reported as soon as possible to Council on:

 

(02) 6568 2555 during business hours, or

Council’s After Hours Emergency Numbers as follows:

0417 285 269  Water

0417 287 397  Sewerage

0417 488 565  Roads and Bridges

 

If in doubt, call Council or the Police.  Avoid confrontation, you are valued asset - let the Council Ranger or Police take the action.

 

 

13.0   Promotion of Policy

 

This policy will be freely available on Council’s website. It will be provided to the Committee of Council responsible for managing beach access on Council’s behalf. Reference to this policy will be made in any media release relating to beach access and on any board, screen or public notifications relating to beaches where appropriate.

14.0   History

 

14.1     This policy enables the deletion of the policy titled Beaches – Permit Beach Access Permits (TRIM SF265: 3988/2006), combines, updates and replaces the policies titled Access Of Vehicles To Councils Beaches (TRIM SF265: 893/201) and Code of Conduction for Professional Fishers (TRIM SF265: 3984/2006).

 

14.2     The three Councils of Port Macquarie-Hasting, Kempsey and Nambucca have operated a joint scheme for many years.  It is believed to have started with the 1983 Recreational Vehicles Act.

 

14.3     Council has reviewed the policy in consultation with the Department of Industry and Investment (Fisheries) and the Mid North Coast representatives of Commercial Fishermen as a result of complaints about behaviour at Scotts Head and Valla Beach.

 

14.4     The history relating to the Code of Conduct for Professional Fishers is as follows:

 

            Meeting of the Vehicles on Beaches Task Forces of Kempsey Shire, Hastings Municipality and Nambucca Shire, together with representatives from NSW Fisheries, other Local Government bodies within the zone of Fishery, Professional Fishermen, Department of CALM, NP&WS, held in the Committee Room, Civic Centre, West Kempsey on Tuesday 15 December 1992 commencing at 7.05pm

 

Present

 

Councillor Jim Teasel, Noel Wood, Norm Eldridge, W Watts, John Davies, Kevin Brighton, Tom Port, Jack Triffitt, Greg Pevitt, Ed Sorby, Vince Jordan, Toby Miles, E J Byrnes, Denis Sutton, Councillor Mike Moran, Councillor John Ainsworth, Gerald Jeffery, Trevor Hannam, C Currey, Colin Campbell, Amanda Hill, J Andrews and Keith Finnie.

 

Apologies

 

Councillor G Viskauskas, Councillor Mary Tozer and Councillor P Parkinson (Kempsey Shire Council), Bruce Casselden (Kempsey Shire Council), Tony Wiseman and P Jones (CALM), M Brownlee (Bellingen Shire), L Derwent (NSW Fisheries).

 

RECOMMENDED: That the following code of conduct be adopted for Commercial Fishermen, beach hauling and bait gathering within the Nambucca and Kempsey Shires and Hastings Municipality.

 

          (Code as detailed in policy preceding)

 

RECOMMENDED:  That the numbers mentioned in the code of conduct to be displayed on vehicles, be the responsibility of the Professional Fishermen and that numbers for bait gatherers be a different colour to those of beach haulers.

 

A general discussion on policy problems experienced by the various Councils was informative and the representative from Great Lakes Shire Council provided many interesting comments.

 

There being no further business the Chairman thanked members for attending and the meeting closed at 9.00 pm.

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

Assistant General Manager – ES

 

 

Document No.

 

 

 

First Adopted:

02/05/1996

 

 

Resolution No:

 

10/07/2013

27/13 : 16796/2013

Review Due:

September 2012 following election then

20/10/2010

 

 

July 2016

15/04/2010 (893/2010)

 

 


Ordinary Council Meeting                                                                                                     31 May 2018

Engineering Services

ITEM 10.2    SF1676            310518         2017-18 Capital Works Program Monthly Report

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Clint Fitzsummons, Manager Assets; Matthew Leibrandt, Manager Infrastructure Services; Keith Williams, Manager Technical Services; Richard Spain, Manager Water and Sewerage; Wayne Lowe, Manager Business Development         

 

Summary:

 

The summary of the entire 2017/18 Capital Works Program is located on the Council website. The capital works primarily associated within Engineering Services has been developed to be generally updated on the Council website within the first week of each month. Capital works administered by other departments has been included and staff will provide comment on their individual areas with respect to the progress.

 

In lieu of the quarterly budget review (QBR) reports, the Capital Works are now reported monthly to Council through the Business Paper which is a more proactive approach to the review of the program and reporting of potential risks as they arise rather than after the fact as per a QBR report.

 

At the time of preparing this report Engineering Services Capital Works budget expenditure is $8,457,523 representing 70% of the allocation year to date. The overall Capital Works Program expenditure (including other departments and special projects) is $9,165,116 representing 63% of the allocation year to date.

 

 

Recommendation:

 

1        That Council receive and note the information pertaining to the progress of the 2017/2018 Capital Works Program for May 2018.

 

2        That Council revote the allocation of $239,188 remaining on WO 3231 Riverside Drive and include the funding in the 2018/19 Capital Works Program.

 

3        That Council note that an amount of $50,000 is required to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3235 Rural Fire Service station extension at Eungai.

 

4        That Council note that an amount of $50,000 is anticipated to be carried forward into 2018/19 Capital Works Program for the final contract payment on WO 3053 Valla Beach Reserve amenities.

 

5        That Council revote the allocation of $85,286.00 across WO’s 3261 and 3268 Scotts Head Tennis Club and include the funding in the 2018/19 Capital Works Program.

 

6        That Council reallocate the savings of $100,000 from within the Urban Street Rehabilitation Program onto WO 3203 Mann Street.

 

7        That Council revote the allocation of $135,000 remaining on WO 2352 Bowraville STP - Upgrades of Recycled Water System and include the funding in the 2018/19 Capital Works Program.

 

 

 

OPTIONS:

 

No other options were considered with this report.

 

 

 

 

 

DISCUSSION:

 

A publicly available, rolling update of the progress of Council’s Capital Works Program will be of assistance to the public, Council staff and Councillors in answering enquiries.  It will also provide Council management with the opportunity to more proactively review the implementation of the program and potential risks.

 

Summary of variations for 2017/18 financial year across the Capital Works Program:

 

At the time of preparing this report, the variations or revote of funds that have been endorsed by Council in the Capital Works Program throughout the 2017/18 financial year are summarised as follows:

 

Council Meeting 28 September 2017

 

·      Allocate an amount of $50,000.00 from Working Funds to WO 2392 Thompson Street car park to complete the embankment revetment due to the Fisheries Permit conditions of not being able to reuse previously placed rock material being classified as habitat.

·      Reallocate the amount of $150,000.00 for WO 3053 Ridge Street Amenities for the construction of a new toilet block adjacent to the Nambucca Heads Library to the replacement of the Lions Park Reserve amenities at Valla Beach as the proposed extension design of the Nambucca Heads library incorporates new public toilet amenities as part of the overall project.

·      Allocate an additional $12,000.00 from the Rural Fire Service (RFS) reserve to WO 1716 RFS station toilet upgrade at North Arm.

 

Council meeting 26 October 2017

 

·      Reallocate the amount of $68,600.00 from Rodeo Drive (WO2396) to Scotts Head Road (WO2837).

 

Council meeting 30 November 2017

 

·      Reallocate the amount of $80,000.00 from Allgomera Road (WO 1966) to South Bank Road (WO 3090);

·      Allocate an additional $8,000 from working funds to be transferred into the plant reserve to plumb the necessary hydraulics for the bull blade to be fitted to the Cat grader;

·      Allocate an additional $10,000 from working funds to be transferred into the plant fund for the purchase of Plant 5119 (water service truck) increasing the allocation to $82,000;

·      Allocate an additional $20,000 from working funds to be transferred into the plant fund for the purchase a larger Hiab crane for Plant 5127 (Sewer - light rigid truck and Hiab) increasing the allocation to $105,000;

·      Reduce the allocation for WO 2352 Bowraville STP - upgrade of recycled water system by $500,000 and place the funds into sewer reserve to compliment external grant funding and complete the works within the 2018/19 financial year.

 

Council meeting 14 December 2017

 

·      That Council allocate an additional $8000 from working funds to WO 3068 Alexandra Drive open drain to complete works on Alexandra Drive.

 

Council meeting 22 February 2018

 

·      That Council allocate an additional $75,000 from working funds to WO3090 South Bank Road to cover the over expenditure on the project attributed to substantial rework with adverse weather conditions experienced over the duration of the project.

·      That Council reallocate the funding of $301,400.00 to WO3202 Bellingen Road (stage three) to the Bellingen Road stage four project (Tallowood School to Blackberry Lane) due to the cattle underpass not being constructed and that funding be allocated for stage three in the 2018/19 budget following the installation of the cattle underpass.

·      That Council reduce the 2017/18 budget allocation for WO3085 Lanes bridge to $300,000 and place the remainder $700,000 Council funding into a restricted bridge reserve for completion of the bridge works in the 2018/19 financial year; noting that $1M is Federally funded under an agreement and paid on milestones which will occur in the 2018/19 financial year; and $500,000 is State funded and the agreement for this funding is still to be provided to Council and signed.

·      That Council allocate an additional $25,000.00 from working funds to WO3249 Bellwood Park Shade Centre to complement the grant received and cover the total cost of the shade shelter and foundations.

·      That Council note the additional funding has been provided by the RFS for the station extension at Eungai WO3235 to increase the allocation to $180,000 and the forecast that it may not be fully competed at 30 June due to the timeframe of the funding announcement and the time required to tender and report to Council in accordance with the tender guidelines.

 

The Assistant General Manager Engineering Services, Manager Infrastructure Services, Manager Assets and Manager of Water and Sewerage have reviewed the Capital Works Program. The following have been reported through the course of the year as a potential revote, and these projects are now confirmed that that they will not be completed this financial year as follows;

 

March 2017 natural disaster event:

 

Gumma Road (WO3215) - There is no actual revote required, however the 2018/19 Capital Works Program will include a line item for the natural disaster grant funding.  This was subject to Roads and Maritime Services (RMS) approval for the repair technique. Council has only recently received the RMS approval to proceed with the repair and with the request for pricing from suitable contractors still to be received, the works will not commence this financial year. The budget allocation within the 2017/18 Capital Works Program has the cost to date for the design and geotechnical work performed for the prelude to the rehabilitation works being undertaken.

 

Riverside Drive (WO3231) - This will require a revote of funds into the 2018/19 budget. The clean-up and removal of trees, investigation and geotechnical report was funded by the RMS, but as the damage was determined as a “top side slip” the repair was not funded by the RMS. Council has funded the repair from funds emanating from the Riverside Drive project currently in a restricted reserve. The design report has only been received and quotations are now being sought for the repair. Works will not be completed the end of this financial year and the allocation will be required to be included in the 2018/19 budget.

 

Building program:

 

WO 3235 – Rural Fire Service (RFS) Station extension at Eungai - It is foreshadowed that an amount of $50,000 will be required to be carried forward into the 2018/19 works program to make the final contract payment in mid-July.

 

It was reported to Council on 30 November 2017 in the Capital Works Report that additional external grant funding from the RFS for a station extension at Eungai ($130,000) was received and that the design and architects estimate exceeded the allocation provided by the RFS by some $30,000.

 

It was further reported to Council in the February 2018 Capital Works, that the RFS have provided the additional funding and staff reported that the extent of the works may not be completed by the contractor on 30 June 2018, requiring a potential revote of expenditure at the June Capital Works review to carry forward an amount of funding into 2018/19 for the of final contract payment in mid-July.

 

WO 3053 –Valla Beach reserve amenities - It is foreshadowed that an amount of $50,000 may potentially be required to be carried forward into the 2018/19 works program to make the final contract payment in mid-July. Council accepted the tender on 12 April 2018 with anticipated completion date in mid-June.

 

WO’s 3261 and 3268 Scotts Head Tennis Club - It is foreshadowed that an amount of $85,286.00 will be required to be carried forward into the 2018/19 works program. Council would recall that there have been two recent grant announcements of grant funding provided to the Scotts Head Tennis Club. Council resolved in April 2018 to reallocate the funding of $19,500.00 from WO3058 EJ Biffin Light Poles and the $12,500 placed into parks reserve in 2017/18 for the light poles at Coronation Oval to the Scotts Head Tennis Club complex.

 

Quotations have been sought for the various contactor components of the works and an order placed for the fencing, however the contractors have all advised that the procurement of materials will not be available until the end of June and works not completed until mid-August. The total funding available is $85,286 (including grants) and will complete all the works required at the tennis club. Funded as follows:

 

$40,143.00   Council $8,143 from working funds to match the fence grant, $19,500 and $12,500 as per Council resolution

          $10,000.00   Tennis Club $10k towards the fence 

          $35,143.00   State grants $18,143 and $17,000

          $85,286.00

 

The 2017/18 Works Program:

 

Roadworks: The Assistant General Manager Engineering Services, Manager Infrastructure Services and Manager Assets have reviewed the Capital Works Program for road works and there is a recommended variation required for this report period.