Cover page Agenda and Min Reserve Trust infocouncil


































Byron Shire Reserve Trust Committee Meeting


 Thursday, 16 July 2015


held at Council Chambers, Station Street, Mullumbimby

commencing at 2.00pm





Public Access relating to items on this Agenda can be made at 2pm on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.




Ken Gainger

General Manager



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)


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.



Byron Shire Reserve Trust Committee





1.    Public Access

2.    Apologies

3.    Declarations of Interest – Pecuniary and Non-Pecuniary

4.    Staff Reports

Sustainable Environment and Economy

4.1       Byron Bay Foreshore Signage - two projects................................................................... 4   




Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director or Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.



Staff Reports - Sustainable Environment and Economy                                     4.1



Staff Reports - Sustainable Environment and Economy


Report No. 4.1             Byron Bay Foreshore Signage - two projects

Directorate:                 Sustainable Environment and Economy

Report Author:           Joanne McMurtry, Community Policy Officer

File No:                        I2015/554

Theme:                         Economy

                                      Economic Development





This report presents two projects for the Reserve Trust Committee to consider along the Byron Bay Foreshore:


1.   Foreshore History Trail by the Byron Bay Historical Society

2.   Whale Trail by Byron Shire Council funded by a grant


Council are requested as the land manager of the Byron Bay Foreshore to endorse the two projects and the installation of interpretive signage as outlined in this report.





That Council endorse the two projects outlined in this report:


1. Foreshore History Trail, and

2. Byron Bay Whale Trail


 and provide permission for signage to be installed along the Byron Bay foreshore.





1        Foreshore History Trail Map and guide - Byron Bay Historical Society, E2015/38958 , page 7  

2        Foreshore History Trail QR code mock up for top of bollards - Byron Bay Historical Society, E2015/38957 , page 8  

3        Foreshore History Walk powerpoint - place vitality criteria - Byron Bay Historical Society,
 E2015/38960 , page

4        Example of Foreshore History Trail web story - Captain Cook, E2015/38961 , page 24  

5        Whale Trail grant overview and guidelines, E2015/38932 , page 26  






This report presents two projects, relating to the establishment of interpretive signage, for the Reserve Trust Committee to consider along the Byron Bay Foreshore:


1.   Foreshore History Trail by the Byron Bay Historical Society

2.   Whale Trail by Byron Shire Council funded by a grant


1.   Foreshore History Trail


The Byron Bay Historical Society has been working on the development of a Foreshore History Trail for some time and have recently presented their concepts to Council staff.


The Trail includes up to 20 signage points/discrete bollards where residents and visitors can scan the QR code on the bollard with their smart phone, which takes them to a website that includes a historical story relevant to where they are standing.


The Historical Society have provided the following attachments:


·    Map and Guide (2 pages)

·    Example of information on top of each bollard, including QR code

·    A powerpoint document linking the Foreshore History Trail to the Byron Bay Town Centre Masterplan ‘Place Vitality Criteria’

·    An example of a story as displayed on the website (Captain Cook story)


Council’s endorsement of this project is sought, so that signs can be installed once a funding source has been identified for the project. A budget is included in the powerpoint document mentioned above, however is also reproduced here for Councillors’ information.


Estimated cost to establish – note Council are requested to provide labour in-kind support only.



Estimated costs

30 x 2.4m sleepers at $14


60 x galvanised nuts, bolts, washers at $4.25


Paint and protection (graffiti)


44 bags premix concrete at $8


20 x QR plaques ($100) 2 x Trailhead plaques ($1050)


Website, graphics, printing


Icon restoration and placement







The Byron Bay Historical Society plan to undertake the following tasks:


A.   Arrange for all materials to be made, including bollards, information plaques to go on the top of the bollards, printable maps/ brochures

B.   Develop all relevant online content to link to the bollards

C.  Arrange for the website set up and hosting (this could be incorporated into any future website work undertaken in the tourism arena by Council, Destination Byron, the Byron Visitor Centre and the like)

D.  Maintain the bollards once installed


Council staff would be involved during the final phases of development through to installation, including Economic Development and Tourism staff and Open Space and Resource Recovery staff.


2.   Byron Bay Whale Trail


A grant opportunity was recently brought to Council’s attention, offered by the NSW Office of Environment and Heritage. Grants of up to $25,000 were made available in 2014-15 to local government authorities (no matched funding required) to install or improve existing whale watching facilities and/or interpretative signage. The grants were provided by the Australian Government, through the Minister of Environment, but administered through the state agency. The Whale Trail grant overview and guidelines are attached.


Byron Shire Council was successful in applying for this grant for:


·    Several interpretive signs along the Byron foreshore to engage, educate and encourage participation in whale watching and other marine environmental activities in the Byron Shire. The signage will encourage increased whale watching in the area by indicating to visitors the best times of year for viewing, best vantage points, migration habits, lifecycle and biological characteristics of whales.

·    The signage will link to websites that include interactive elements related to whale watching

·    Partner with key stakeholders such as:

o National Parks and Wildlife (Byron Bay office have extensive whale interpretive information which they will provide as a partner to this project)

o Marine Parks Authority

o Southern Cross University’s Whale Research Group which supports research on whale and dolphin populations in the Southern Hemisphere

o Destination Byron, the Byron Bay Historical Society, Byron Visitor Centre and other identified local groups and experts.


Council’s endorsement of this project, and the installation of signs is sought.


There are obvious synergies between the two projects outlined above and, as much as possible, the two projects will be developed and installed together, looking to provide a coherent and creative visual identity/uniform ‘look and feel’ to the signage (incorporating signage together where appropriate and with all stakeholders working together).

Both projects provide an excellent opportunity to reinforce the ‘Byron, don’t spoil us, we’ll spoil you’ brand and will add a valuable additional product to the Byron Trails initative.


Financial Implications


The funding for both projects outlined in this report will not be from Council budgets. The Byron Bay Historical Society is requesting some in-kind support for the Foreshore History Trail installation.


Statutory and Policy Compliance Implications


Byron Shire Tourism Management Plan – particularly:

·    Objective 5 “Provide ongoing local education and communication to ensure visitors, local businesses, local government and the community understand tourism and community values”.

·    Strategy 7.6 “Improve destination signage”.

·    Objective 8  “Investigate opportunities to enhance, develop and promote appropriate tourism products that will improve the visitor experience and length of stay”.




Staff Reports - Sustainable Environment and Economy                          4.1 - Attachment 1

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Staff Reports - Sustainable Environment and Economy                                                     4.1 - Attachment 2

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Staff Reports - Sustainable Environment and Economy                                                     4.1 - Attachment 3

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Staff Reports - Sustainable Environment and Economy                4.1 - Attachment 4




On 15 May 1770, Captain James Cook sailing up the east coast of Australia in the Endeavour passed the eastern most point of the Australian mainland (called Wilgun by the local Arakwal aborigines). He named it Cape Byron after Captain John Byron who sailed around the world in the Dolphin in 1764-1766.

Cook’s log for 15 May reads “…. As soon as it was daylight we made all of the sail we could …. At 9, being about a league (5.6km) from the land we saw upon it people and smoke in several places. At noon we were by observation in latitude 28o 39’S and longitude 206o 27’W….”

“…. A tolerable high point of land bore northwest by west a distance 3 miles this point I have named Cape Byron. It may be known by a remarkable sharped peaked mountain lying inland northwest by west from it. From this point the land trends north 13 west. Inland it is pretty high and hilly but near shore it is low; to the southward of the point the land is low and tolerable level ….”

Endeavour’s approx. course


From this description Cook’s exact location can be calculated. He was 5.6 km south east of Cape Byron lying off Tallow Beach. The remarkable peaked mountain he named Mt Warning next day.




15-05 1770


Seven Mile


Endeavour when Cook sighted and named Cape Byron.

                                                      Joseph Banks, botanist on Endeavour, also records sighting natives in his journal on 15 May “.…we observed them with glasses for near an hour during which time they walked upon the beach and then up a path over a gently sloping hill, behind which we lost sight of them. Not one was observed to stop and look toward the ship: they pursued their way …. unmoved by the neighbourhood of so remarkable an object as a ship .…”


Sailing north Cook’s journal of Wednesday 16 May records why he named Mt Warning (Wollumbin in the local Arakwal language)  “…. we now saw the breakers again within us which we passed at the distance of one league, they lay in the latitude 28O 08’ S and stretch off east two leagues; …. their situation may always be found by the peaked mountain before mentioned which bears southwest by west from them, and on their account I have named Mt Warning ….”

But no one from the Endeavour landed in Arakwal country. Cook sailed on northward claiming all of the east coast of the continent for England and naming it New South Wales. His voyage was a harbinger of the arrival of the first European settlers to Australia in 1778.

Replica ship in Byron Bay                     (Photo EJW)




To view Cook’s journal go to: http:/




Staff Reports - Sustainable Environment and Economy                   4.1 - Attachment 5


Whale Trail Programme


The Whale Trail Programme aims to establish a national network of land based whale observation sites as part of the Whale and Dolphin Protection Plan. The whale platforms component aims to increase community awareness and participation in whale watching to share information about whale conservation including biological and migratory information and the broader environment; and to increase community participation in environmental activities through whale watching. The primary outcome aims to better manage and protect these important species.

Grants of up to $25,000 will be made available in 2014-15 to local government authorities to install or improve existing whale viewing facilities.

Programme objectives

1.   Develop or enhance land based whale watching platforms to increase community knowledge and awareness of whales and to increase community participation in environmental activities through whale watching – to reinforce how activities in the community affect whales and sea life. The primary objective is to better manage and protect whales through education.

2.   Develop a national whale watching network that optimises coverage across the Australian whale migratory route and maximises information collection and dissemination.

Eligible applicants

Coastal Councils located in targeted whale watching regions.

Grant Administration

The Australian Government is proposing to administer funding through an ad hoc competitive grants process.

Applications must be submitted to your state agency representative. Applications will be forwarded onto the Australian Government for consideration and approval. The federal Minister for the Environment will be responsible for making funding decisions.

The Australian Government will enter into contract negotiations and formal contracts directly with Coastal Councils. There may be between one and three grants for each state through this process.

Permits and approvals

Where proposed activities may directly or indirectly affect Indigenous sites or places of value, the Applicant has, or is able to obtain, the necessary permits and/or support from the relevant traditional owners and/or local Indigenous organisations.

Any regulatory approvals required to complete the project will need to be obtained prior to any funding arrangements.


Eligible Activities

Eligible activities may include:

·     develop new or improve existing land based whale watching platforms or lookouts;

·     knowledge sharing activities e.g. interpretative signage, viewing equipment and displays;

·     advertising, website development, publication costs;

·     expert advice and obtaining relevant permits; 

·     administration, monitoring and evaluation costs. These costs should not exceed 10 per cent of the total cost.

Ineligible activities & costs

Funding will not be provided for:

·     expenditure not directly link to achieving project outcomes

·     retrospective activities

·     overhead costs

·     activities that provide only private benefit

·     activities that are likely to have an adverse impact on the environment or Indigenous cultural heritage.

Grant Parameters

Funding and assessment process

Up to $25,000 (GST exclusive) is available for successful coastal councils under the Australian Government’s Whale Trail Programme.

Applications will be assessed by the Australian Government against the following criteria:

- links to Whale Trail Programme objectives

- proximity to whale migration routes

- geographic spread

- gaps within existing land based viewing facilities

- potential community involvement and usage

- value for money

- capacity to deliver.