Biodiversity and Sustainability Advisory Committee Meeting
A Biodiversity and Sustainability
Advisory Committee Meeting of Byron Shire Council will be held as follows:
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Venue
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Conference Room, Station Street, Mullumbimby
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Date
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Thursday, 19 February 2015
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Time
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9.00am
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Mark Arnold
A/General Manager I2015/50
Distributed 12/02/15
What is a “Conflict of Interests” - A conflict of
interests can be of two types:
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.
Non-pecuniary – a private or personal interest that a Council
official has that does not amount to a pecuniary interest as defined in the
Local Government Act (eg. 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).
Remoteness – a person does not have a pecuniary interest in a matter
if the interest is so remote or insignificant that it could not reasonably be
regarded as likely to influence any decision the person might make in relation
to a matter or if the interest is of a kind specified in Section 448 of the
Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a
matter if the pecuniary interest is the interest of the person, or another
person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a
matter if:
§ The person’s
spouse or de facto partner or a relative of the person has a pecuniary interest
in the matter, or
§ The person, or a
nominee, partners or employer of the person, is a member of a company or other
body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the
following:
(a) the
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal
descends or adopted child of the person or of the person’s spouse;
(b) the
spouse or de facto partners of the person or of a person referred to in
paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary
interest in a matter:
§ If the person is
unaware of the relevant pecuniary interest of the spouse, de facto partner,
relative or company or other body, or
§ Just because the
person is a member of, or is employed by, the Council.
§ Just because the
person is a member of, or a delegate of the Council to, a company or other body
that has a pecuniary interest in the matter provided that the person has no
beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a
member of a Council Committee who has a pecuniary interest in any matter with
which the Council is concerned and who is present at a meeting of the Council
or Committee at which the matter is being considered must disclose the nature
of the interest to the meeting as soon as practicable.
§ The Councillor or
member must not be present at, or in sight of, the meeting of the Council or
Committee:
(a) at any
time during which the matter is being considered or discussed by the Council or
Committee, or
(b) at any
time during which the Council or Committee is voting on any question in
relation to the matter.
No Knowledge - a person does not breach this Clause if the person did
not know and could not reasonably be expected to have known that the matter
under consideration at the meeting was a matter in which he or she had a
pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or
discussion of, or from voting on, any of the matters/questions detailed in
Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts &
the option chosen will depend on an assessment of the circumstances of the
matter, the nature of the interest and the significance of the issue being
dealt with. Non-pecuniary conflicts of interests must be dealt with in at
least one of the following ways:
§ It may be appropriate
that no action be taken where the potential for conflict is minimal.
However, Councillors should consider providing an explanation of why they
consider a conflict does not exist.
§ Limit involvement if
practical (eg. Participate in discussion but not in decision making or
vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of
the conflict (eg. Relinquishing or divesting the personal interest that creates
the conflict)
§ Have no involvement by
absenting yourself from and not taking part in any debate or voting on the
issue as if the provisions in S451 of the Local Government Act apply
(particularly if you have a significant non-pecuniary interest)
RECORDING OF VOTING ON PLANNING MATTERS
Clause 375A of the Local Government Act 1993
– Recording of voting on planning matters
(1) In this section, planning
decision means a decision made in the exercise of a function of a council
under the Environmental Planning and Assessment Act 1979:
(a) including a decision
relating to a development application, an environmental planning instrument, a
development control plan or a development contribution plan under that Act, but
(b) not including the making of
an order under Division 2A of Part 6 of that Act.
(2) The general manager is
required to keep a register containing, for each planning decision made at a
meeting of the council or a council committee, the names of the councillors who
supported the decision and the names of any councillors who opposed (or are
taken to have opposed) the decision.
(3) For the purpose of
maintaining the register, a division is required to be called whenever a motion
for a planning decision is put at a meeting of the council or a council
committee.
(4) Each decision recorded in
the register is to be described in the register or identified in a manner that
enables the description to be obtained from another publicly available
document, and is to include the information required by the regulations.
(5) This section extends to a
meeting that is closed to the public.
Staff Reports - Sustainable Environment and Economy 5.1
Staff Reports - Sustainable Environment and
Economy
Report No. 5.1 Amended
Draft Environmental Levy Implementation Policy
Directorate: Sustainable
Environment and Economy
Report Author: Kim
Mallee, Sustainability Officer
Angus Underwood, Team Leader
Natural Environment
File No: I2015/3
Theme: Ecology
Land and Natural Environment
Summary:
The Biodiversity and
Sustainability Advisory Committee recommended amendments to the draft
Environmental Levy Implementation Policy at its meeting of 11 September.
The amended policy is attached for consideration.
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RECOMMENDATION:
1. That
the Biodiversity and Sustainability Advisory Committee recommend to Council
that the draft Environmental Levy Implementation Policy (#E2014/61683) be
publicly exhibited for a period of 28 days and that in the event that
no submissions are received on the Environmental Levy Implementation Policy
it be adopted.
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Attachments:
1 Draft
Environmental Levy Implementation Policy, E2014/61683
, page 3
Report
At the 11 September 2014 Biodiversity and Sustainability
Committee meeting, after discussion on the draft Environmental Levy
Implementation Policy report, the Committee made the following recommendation:
Committee Recommendation B
& S 5.1
That the Biodiversity and Sustainability Advisory Committee:
1. request
staff to amend the draft policy to clarify the distinction between protecting
or enhancing coastal biodiversity, ecosystems and ecological processes, as
compared with ‘coastal protection works’, and that this be reported
back to the next Biodiversity and Sustainability Advisory Committee meeting.
2. recommend
that 3.1 be amended as follows:
‘Identify,
maintain, protect or enhance native biodiversity, ecosystems and ecological
processes.’
Refer to Attachment 1 for the amended draft Environmental
Levy Implementation Policy .
Financial Implications
Comments from Manager Finance
The Draft Environmental Levy Implementation Policy, when
adopted will do at least two things:
1. Keep
the portion of Council’s general rate revenue represented by the
Environmental Levy separated into the future from Council’s general
revenue.
2. Define
the scope of expenditure for the Environmental Levy .
The Environmental Levy itself is not a special rate as it is
imposed on all ratepayers as part of the general rate but was derived from a
previous special variation of rate income approved by the Minister for Local
Government from the 2008/2009 financial year onwards. The reporting
requirements of the 2008/2009 special variation of rate income have concluded
as of 30 June 2013 in accordance with the approval. There is a view then
that Council has the option to reallocate the Environmental Levy funds to
alternate purposes or service priorities if Council resolved to do so ie as
additional funding for infrastructure maintenance as an example.
Adoption of this Draft Policy will prevent Council from
reallocating Environmental Levy funds to alternate purposes into the future
whist the Policy exists. Whether Council wishes to retain the
Environmental Levy in its current form and define the scope of its expenditure
as what the Draft Policy will do is a matter for Council to determine.
However, it is also important to recognise and that the Council be aware of the
ongoing restriction this draft policy will create on a portion of
Council’s general rate revenue going forward should it be adopted.
The above comments are not made against the value of the
Environmental Levy and in what it has achieved or is proposing to achieve but
are made so that Council is fully aware of the implications should the Draft
Policy be eventually adopted.
Statutory and Policy
Compliance Implications
Nil
Staff Reports - Sustainable Environment and Economy 5.1 - Attachment 1
BYRON SHIRE COUNCIL
DRAFT POLICY
Environmental Levy Implementation Policy
Staff Reports - Sustainable Environment and Economy 5.1 - Attachment 1
INFORMATION
ABOUT THIS DOCUMENT
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Date Adopted by
Council
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Resolution No.
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Policy Responsibility
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Manager Land and
Natural Environment
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Review Timeframe
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Last Review Date:
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Next Scheduled Review
Date
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Document History
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Doc No.
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Date Amended
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Details Comments eg
Resolution No.
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E2014/44800
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26 June 2014
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Draft Version
after Res 14-321
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E2014/61683
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11 September 2014
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Draft
incorporating Biodiversity & Sustainability Advisory Committee
recommendations
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Further Document
Information and Relationships
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Related Legislation*
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Related Policies
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Byron Biodiversity
Conservation Strategy
Byron Low Carbon
Strategy
Coastal Zone Management
Plans
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Related Procedures/
Protocols, Statements, documents
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Note: Any reference to
Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental
Planning Instruments.
Staff Reports - Sustainable Environment and Economy 5.1 - Attachment 1
TABLE OF CONTENTS
1. OBJECTIVES............................................................................................................................... 1
2. BACKGROUND........................................................................................................................... 1
3. Principals................................................................................................................................ 1
4. Terms of Reference........................................................................................................... 1
5. POLICY
STATEMENT................................................................................................................. 2
This Page has been
intentionally left blank.
Staff Reports - Sustainable Environment and Economy 5.1 - Attachment 1
Policy No. ??
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POLICY TITLE
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ENVIRONMENTAL
LEVY IMPLEMENTATION POLICY
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1. OBJECTIVES
1.1. To
inform the allocation of revenue raised through the Environmental Levy in the
Byron Shire Council local government area.
1.2. To
outline the arrangements for allocating and managing the Environmental Levy
funds
2. BACKGROUND
Byron Shire is well know for its diverse, natural
environment including beautiful coastlines, lush rainforests, creeks, rivers
and mountain ranges which form part of the remnants of the Wollumbin caldera.
These environmental assets are supported by an active and aware community that
values and promotes the protection and enhancement of the environment.
Following the adoption of the Byron Biodiversity
Conservation Strategy in 2004 Council received approval from the NSW government
to apply a special rate variation of 2% for four years to fund a Biodiversity
Levy in order to implement the Byron Biodiversity Conservation Strategy. In
2008, the Biodiversity Levy was replaced with an Environmental Levy that
continues to support the implementation of the Byron Biodiversity Conservation
Strategy as well as Council's sustainability and coastal programs.
The Environment Levy is a key revenue source to assist in the
implementation of Council endorsed environmental plans and strategies. The Levy
has been essential to the successes achieved through the implementation of a
range of biodiversity, coastal and sustainability programs and enabled Council
to leverage significant additional funding via external grants.
3. Principles
The Environmental Levy is to be used to fund activities
which either:
3.1. Identify, maintain,
protect or enhance native biodiversity, ecosystems and ecological processes.
3.2. Reduce
Byron Shire’s greenhouse gas emissions or improve the environmental
sustainability and resilience of Council and the community.
3.3. Undertake
studies and prepare plans for coastal processes, values and risks and implement
those actions that address protecting or enhancing coastal biodiversity,
ecosystems and ecological processes.
4. Terms of Reference
The Environmental
Levy will only be used to fund staff, priority actions and projects consistent
with:
4.1. Developing
and/or delivering the Byron Biodiversity Conservation Strategy
4.2. Developing
and/or delivering the Roadside Vegetation Management Plan
4.3. Developing
and/or delivering the Byron Shire Low Carbon Strategy
4.4. Developing
Coastal Zone Management Plans (CZMP), including estuary management plans, and
delivering actions that are consistent with the above Principles, and/or the
objectives of the above strategies, but not the implementation of ‘coastal
protection works’ as defined under the Coastal Protection Act 1979[1]..
5. POLICY STATEMENT
5.1. The
Biodiversity and Sustainability Advisory Committee will review the allocation
of funds from the Environmental Levy, namely by:
a) Providing advice
to Council on matters to be considered for funding from the Environmental Levy
each year
b) Reviewing the
projects funded by the Environmental levy on a quarterly basis, following
advice provided by Council staff and report progress to Council
c) Reviewing annually
the draft budget for expenditure of the Environmental Levy and providing advice
to Council on both the allocation and expenditure of funds consistent with the
Environmental Levy Terms of Reference including prioritisation and monitoring
environmental outcomes of Levy funded projects
5.2. All revenue funds collected
including any revenue funds raised
through Environment Levy business activities is held and accounted for
separately from Council’s general revenue.
5.3. Environment
Levy revenue
funds should not be available at any
time for expenditure as general revenue in accordance with
principles of the Environmental Levy..
5.4. Any
unspent funds at the end of financial year are to be returned to the
Environment Levy budget.
5.5. The
Environment Levy can be used for leveraging funding through grants and
partnership opportunities offered by government and other organisations.
5.6. Funds
from the Environment Levy may be quarantined or saved annually in order to
compound funds over subsequent years to raise a larger sum of funds for
designated projects or matching grants.
Staff Reports - Sustainable Environment and Economy 5.2
Report No. 5.2 Byron
Shire Low Carbon Strategy
Directorate: Sustainable
Environment and Economy
Report
Author: Kim
Mallee, Sustainability Officer
File No: I2015/5
Theme: Ecology
Land and Natural Environment
Summary:
The draft Byron Shire Low Carbon Strategy was on public
exhibition from 9 December 2014 to 23 January 2015. This report formally
documents that no submissions were received whilst on exhibition and as such
the Strategy is adopted as per Council resolution 14-594.
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RECOMMENDATION:
That the Biodiversity and Sustainability Advisory
Committee note the adoption of the Byron Shire Low Carbon Strategy.
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Attachments:
1 Byron
Shire Low Carbon Strategy 2014 , E2015/5095
(provided under separate cover)
Report
Council resolved at the 20
November Ordinary Council meeting:
14-594:
1. That Council place the Byron Shire Low Carbon Strategy
on public exhibition for a minimum of 28 days.
2. That in the event that no submissions are received on
the Byron Shire Low Carbon Strategy it be adopted.
The Byron Shire Low Carbon Strategy was exhibited for 45
days from 9 December 2014 until 23 January 2015. No submissions were received
and as such the strategy has been adopted.
The following steps will be taken to communicate the
strategy’s adoption:
· Report adoption to
the Biodiversity and Sustainability Advisory Committee which in turn will go
into the minutes and be reported to Council
· Upload strategy to
Council website
· An email sent to
advise staff of the strategy’s adoption
· A media release be
prepared to celebrate the adoption of the strategy to the community
· A presentation be
made at the next all staff meeting on the implementation of the strategy
Financial Implications
Nil
Statutory and Policy
Compliance Implications
Nil
Staff Reports - Sustainable Environment and Economy 5.3
Report No. 5.3 Environmental
Levy Budget Update
Directorate: Sustainable
Environment and Economy
Report
Author: Angus
Underwood, Team Leader Natural Environment
File No: I2015/7
Theme: Ecology
Land and Natural Environment
Summary:
This report provides an update of the expenditure of the
Environmental Levy between 1 July and 31 December 2014.
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RECOMMENDATION:
That the Biodiversity and Sustainability
Committee note this report.
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Report
Expenditure to date of the Environmental Levy is shown in
Table 1, below. Given we are halfway through the 2014/15 financial year;
a 50% expenditure against each funded item is expected.
Table 1 –
Environmental Levy expenditure 1 July 2014 to 31 December 2014
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Job no.
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2014/15
Funded Items
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Committed(eg
purchase orders raised)
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Spent
(amount spent year to date)
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% of total budget (spent or allocated)
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Budget
(amount budgeted for year)
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Available
(amount remaining)
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Comment
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2606.3
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Bush Regeneration Team
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$0
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$61,101
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39%
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$154,900
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$92,783
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Funds salary.
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2606.4
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Operational Costs - Bush Regeneration Team
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$401
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$2999
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65%
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$5,200
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$1,326
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Purchase of tools and supplies.
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2606.11
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Administration Officer to Support Implement Team
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$0
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$12,712
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49%
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$26,000
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$13,288
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Funds salary
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2606.13
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Coastal Officer
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$0
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$10,012
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46%
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$21,800
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$11,344
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Partly funds salary
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2606.15
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Sustainability Officer
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$0
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$35,644
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61%
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$57,800
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$22,156
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Funds salary
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2606.19
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Community Infrastructure Maintenance Program
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$0
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$236
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2.5%
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$9,200
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$8,964
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Funds planned to be spent this financial year on
strategic coral tree removal in the road reserve along Upper Wilson Creek Rd
in partnership with Landcare group.
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2606.24
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CZMP for Byron Bay Embayment
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$9,950
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$20,020
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75%
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$39,900
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$9,930
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Funds allocated to contract with Water Research
Laboratory for preparation of the Coastal Hazard Management Study Byron Bay
Embayment.
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2606.25
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Feral animal control Program
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$0
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$3,400
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27%
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$12,500
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$9,100
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Funds to be spent on trapping program recommencing
in March 2015.
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2606.27
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Vegetation mapping
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$23,995
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$31,982
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100%
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$56,000
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$24
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Allocated to consultants for implementation.
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2606.28
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Land for Wildlife grant
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$0
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$0
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0%
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$20,000
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$20,000
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Funding allocated as in kind contribution to $98,000
NSW Environmental Trust grant. Funds to be spent over 3 years commencing
January 2015.
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2606.29
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Bangalow Waterfront Environmental Works
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$0
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$0
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0%
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$60,000
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$60,000
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Riparian restoration works associated with removal
of Bangalow weir. Works in planning stage and expected to commence in March
2015.
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4835.126
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Integrated Weed Management Strategy
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$0
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$0
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0%
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$26,800
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$26,800
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Currently seeking quotes. Expected to commence in
March.
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Total
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$34,346
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$178,106
(43%)
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$490,100
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$272,775
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Financial Implications
Based on expenditure to date and projected expenditure to
the end of the financial year there is expected to be approximately $30,000
unspent funding from 2606.3 Bush regeneration team salary which may be
available to be allocated to additional programs in 2015/16. Any other
unexpended funds from ongoing long term projects are likely to be rolled over
to the 2015/16 year.
Unallocated funding at the end of the financial year will be
re-allocated in accordance with the Environmental Levy Terms of Reference
towards high priority action/s identified in relevant Council plans and
strategies. A report to the May meeting of the Biodiversity and Sustainability
Committee will provide details of the proposed allocation of unspent funds.
Statutory and Policy
Compliance Implications
Nil