BYRON SHIRE COUNCIL

                                                                                                                              13.18 - Attachment 1

 

 

 

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BYRON SHIRE COUNCIL

HERITAGE ADVISORY COMMITTEE

 

 

DRAFT TERMS OF REFERENCE

 

 

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

Date Adopted by Council

 

Resolution No.

 

Responsibility

 

Review Timeframe

 

Last Review Date:

 

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2015/40566

 

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

 

1.      
Preamble

 

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

o  Cr

o  Cr

o  Cr

 

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

o  Brunswick Valley

o  Byron Bay

o  Bangalow

o  Mullumbimby

 

·  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:

o  If Council dissolves the Committee

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

o  If a member provides a written resignation

o  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.