13.18 - Attachment 1




Text Box:











































Date Adopted by Council


Resolution No.




Review Timeframe


Last Review Date:


Next Scheduled Review Date



Document History

Doc No.

Date Amended

Details Comments eg Resolution No.



Draft reported to 16 July 2015 Meeting


Further Document Information and Relationships

Related Legislation

Section 355, Local Government Act (1993)

Related Policies

Code of Conduct Policy 1.1
Work Health Safety Policy
Code of Meeting Practice Policy

Related Procedures/ Protocols, Statements, documents



Table of Contents

1.        Preamble. 4

2.        Purpose. 4

3.        Membership.. 4

4.        Invited Guests. 5

5.        Term... 5

6.        Pecuniary Interest 5

7.        Quorum... 5

8.        Confidentiality. 5

9.        Privacy. 5

10.     Election of Chairperson.. 5

11.     Voting.. 5

12.     Convening Meetings. 6

13.     Agenda Preparation.. 6

14.     Meeting practice. 6

15.     Public and Councillor Attendance. 6

16.     Section 377 Delegation.. 6

17.     Work Health Safety. 6

18.     Insurance. 6

19.     Grievance Procedure. 6

20.     Publicity. 6

21.     Membership Criteria. 7




The Heritage Advisory Committee (HAC) is an advisory Committee of the Council and does not have executive power or authority to implement actions.


The role of the HAC is, independently of management, to report to Council and provide appropriate advice and recommendations on matters relevant to heritage management in the Shire.


2.       Purpose


The purpose of the Heritage Advisory Committee is to provide support and advice to Council to assist its’ operations on heritage matters.


Actions of the HAC that can assist to achieve this include: 


·   Assisting Council in the development of policies and strategies including the preparation of a Heritage Strategy and the management of natural and cultural heritage generally in Byron Shire local government area.

·   Advising Council staff, the Heritage Adviser and the Council on matters relating to the ongoing implementation of the Heritage Strategy (once completed).

·   Assisting Council to procure and allocate funding assistance and to recommend projects for which funding should be sought in line with the Heritage Strategy (once completed).

·   Providing access to the general community to distribute information and for public input into heritage management, eg, to nominate additional properties for assessment of heritage significance.

·   Advising Council on a range of heritage-related matters which are of interest to the community, in particular, by providing expertise, local knowledge and guidance on heritage matters and in relation to heritage assessments.


3.       Membership


Membership is to include:


·  xx Councillors





·  1 representative from each of the Shire’s known historical societies being:

Brunswick Valley

Byron Bay




·  1 representative each from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and the Tweed Byron Local Aboriginal Council.


·  xx Community representatives


Council may appoint an alternate for any Committee member position as recommended by the Heritage Advisory Committee.


Note:  The Director of Sustainable Environment and Economy or a staff delegate and Council’s Heritage Advisor will be available to attend to provide technical advice and guidance but will not have any voting entitlements on the committee.



4.       Invited Guests


Committee members may request through the Chair to seek further expertise and consultation and if necessary arrange attendance of a person providing the expertise at a Committee meeting.  Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.


5.       Term


·    Appointments to the Committee are in a voluntary capacity only.

·    The Committee may be dissolved/ created by Council resolution at any time. Council will appoint all representatives to the Committee, who shall be determined after a call for nominations by advertisement or through industry networks.

·    Extraordinary vacancies on the Committee may be filled by Council appointment on the advice of the Committee, or through public advertisement or as resolved by Council.

·    Members of the Committee shall cease to hold office:

If Council dissolves the Committee

By the death, mental incapacitation, bankruptcy or serving of a sentence for any offence but failure to pay a fine.

If a member provides a written resignation

If a member is absent for three consecutive meetings without having obtained leave of absence beforehand without a formal apology.  


6.       Pecuniary Interest


Any members of the Committee having a pecuniary interest in any matters being discussed by the Committee shall declare same at the meeting of the Committee and refrain from participating in the discussion. The interest will be recorded in the minutes.


7.       Quorum


A quorum of the Committee will be 50% plus one of the appointed members, which must include at least one Councillor.  If a quorum is not reached within half an hour of the appointed starting time, the meeting will be adjourned to a time determined by the Chairperson.


8.       Confidentiality


Members of the Committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.


9.       Privacy


All group members are to abide by Council’s Privacy Management Plan (E2013/32774) relating to their access to personal information.


10.     Election of Chairperson


The position of Chairperson is to be elected from Councillors comprising the committee.


11.     Voting


Each member of the Committee is to have one vote.  Staff members participating on the committee do not have any voting entitlements.


A majority decision of the Committee comprises a majority of elected members present and voting on any item subject to the requirements of a quorum being met at the meeting.


12.     Convening Meetings


At least quarterly meetings will be held.


A meeting of the Committee may be convened in response to either the direction of Council or by the Chairperson of the Committee.


13.     Agenda Preparation


An agenda for each meeting containing a brief report on each item, is to be provided to Committee members and available on Council’s website at least 7 days prior to the meeting being held.


Committee members may request items for inclusion in future agendas, through the Chair.



14.     Meeting practice


The meetings be conducted in accordance this Constitution and where required reference to Council’s Code of Meeting Practice.


15.     Public and Councillor Attendance


Advisory Committee meetings are not public meetings as they have no executive function. Public transparency is provided for when the reports of these meetings are reported to Council or the Strategic Planning Committee. Any Councillor can attend Advisory Committee meetings and participate in debate but do not have a voting entitlement if not an appointed member.


16.     Section 377 Delegation


The Committee does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.


17.     Work Health Safety


All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.


18.     Insurance


Council has in place ‘Councillors and Officers Liability Insurance’. The terms of this insurance provide that, among other things, coverage applies to ‘committee members of any special or advisory committee established by the policyholder under the Local Government Act’.


19.     Grievance Procedure


Grievances relating to matters before the Committee will be dealt with according to the Complaint Handling Procedures and Sanctions in Council’s Code of Conduct (Policy No. 13.003 E2013/12377).


20.     Publicity


Publicity relating to matters before the Committee and programs adopted by the Committee should be in the name of Byron Shire Council Heritage Advisory Committee and in accordance with Council Policy authorised by the Chairperson and the Media Communications Officer.


21.     Membership Criteria


Candidates for membership on the Committee will need to demonstrate their suitability on the basis of the following criteria:


·    Demonstrated extensive knowledge of and interest in local heritage

·    Experience in providing strategic input on heritage matters

·    Practical experience in promoting and protecting heritage

·    An understanding of the role of Local Government

·    A commitment to consultative processes

·    An ability to develop and sustain contacts with key individuals and groupings in the local community

·    The ability to effectively listen to, and cooperate with community members holding similar or different points of view


Membership shall be initially on a 12 month basis with the role and functions of the Committee reviewed and a report provided to the Council around their continued operation. Terms of membership will be reconsidered at this time.