Notice of Meeting
North Byron Coastal Creeks Flood Risk Management Committee Meeting
A North Byron Coastal Creeks Flood Risk Management Committee Meeting of Byron Shire Council will be held as follows:
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Venue |
Meeting Room 1, Station Street, Mullumbimby |
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Date |
Wednesday, 28 October 2015 |
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Time |
1.00pm |
Ken Gainger
General Manager I2015/1283
Distributed 21/10/15
CONFLICT OF INTERESTS
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.
BYRON SHIRE COUNCIL
North Byron Coastal Creeks Flood Risk Management Committee Meeting
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 North Byron Coastal Creeks Flood Risk Management Committee Meeting held on 23 June 2015
4. Business Arising From Previous Minutes
5. Staff Reports
Infrastructure Services
5.1 North Byron Coastal Creeks Flood Study - Calibration Report ........................ 4
Staff Reports - Infrastructure Services 5.1
Staff Reports - Infrastructure Services
Report No. 5.1 North Byron Coastal Creeks Flood Study - Calibration Report
Directorate: Infrastructure Services
Report Author: James Flockton, Drainage Flood Engineer
File No: I2015/1214
Theme: Community Infrastructure
Emergency Services and Floods
Summary:
Consultants BMT WBM have finalised their calibration process and provided a draft report. The calibration report and preliminary 100 year flood mapping is now available for committee review.
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RECOMMENDATION: 1. That the Committee recommends the calibration report provided by BMT WBM (Attachment 2) be accepted as satisfactory and for BMT WBM to proceed with preparation of design flood event modelling.
2. That the Committee recommends that BMT WBM finalise the DRAFT North Byron Coastal Creeks Flood Study and staff present this to Council for review and placement on public exhibition as per Council policy.
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1 Minutes 23/06/2015 North Byron Coastal Creeks Flood Risk Management Committee, I2015/564 , page 7
2 North Coastal Creeks Draft Flood Study - Calibration Report - Low Res, E2015/66564 , page 9
3 Email from OEH regarding North Byron Coastal Creeks Flood Study Calibration being fit for purpose, E2015/66561 , page 205
Report
On Tuesday 23 June 2015 the North Byron Coastal Creeks Flood Risk Management Advisory Committee recommended:
That Council notes:
1. That there are discrepancies in the draft Flood Study for the 1987 flood in Mullumbimby that require verification of divergent sets of data.
2. That the Committee will meet again on 18 August 2015 to see the results of the verification and a new draft Flood Study.
The minutes for this meeting can be found at Attachment 1.
The above follow up meeting was scheduled and planned, but cancelled at the last minute for a number of reasons, these reasons were advised to the committee at the time.
BMT WBM have now completed further calibration work on the model. This work has further improved the calibration results. BMT WBM have advised that they have run out of options to further improve the calibration, without making in appropriate changes to the model to just make it fit, an approach that staff would never support.
Council and the Office of Environment and Heritage (OEH) staff have met with BMT WBM and understand that they have now completed the best calibration possible using the data available whilst working with the data gaps that exist.
Attachment 2 details a draft flood study report which includes a full calibration report that discusses the new calibration results and provides the reasons for area’s of poor fit. Mapping for the 100 year design flood is included, along with comparisons for past events and previous 100 year mapping.
Attachment 2 is a low resolution version, a high resolution version is available through drop box at: https://www.dropbox.com/s/rnsbmxfygl8cnxb/R.B18330.004.01.FloodStudy.pdf?dl=0
Staff propose to review the calibration results with the committee with an aim of approving the calibration and recommending that all design flood event be modelled and the draft study document be placed on public exhibition for community comment.
Attachment 3 is an email from OEH detailing OEH’s position on the calibration results.
Financial Implications
There are no financial implications to this stage.
Statutory and Policy Compliance Implications
Floodplain Management Studies and Plans must be prepared in accordance with State Government Policy. The NSW Floodplain Development Manual 2005 is the current policy used by NSW State Government for the preparation of such documents. The Office of Environment and Heritage (OEH) is the State Government Department responsible for ensuring all flood related documents are prepared in accordance with the manual.
The DRAFT North Byron Coastal Creeks Flood Study has been prepared in accordance with the NSW Floodplain Development Manual 2005.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 5.1 - Attachment 1
North Byron Coastal Creeks Flood Risk Management Committee Meeting
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Venue |
Conference Room, Station Street, Mullumbimby |
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Date |
Tuesday, 23 June 2015 |
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Time |
1.30pm |
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 5.1 - Attachment 1
Minutes of the North Byron Coastal Creeks Flood Risk Management Committee Meeting held on Tuesday, 23 June 2015
File No: Error! Unknown document property name.
PRESENT: Cr S Richardson (Mayor) and Cr D Dey
Staff: James Flockton (Flood and Drainage Engineer)
Helen Waldron, Susan Sulcs (Minute Takers)
Invited Members: Phillip Buchanan (OEH), Andrew Page (Cape Byron Marine Park),
Community: Jim Mangleson, Mathew Lambourne
Consultants: Richard Sharpe and Jo Tinnion (BMT WBM)
Cr Dey(Chair) opened the meeting at 1.40pm and acknowledged that the meeting was being held on Bundjalung Country.
Apologies:
Phillip Holloway
Declarations of Interest – Pecuniary and Non-Pecuniary
There were no declarations of interest.
Adoption of Minutes from Previous Meetings
That the minutes of the North Byron Coastal Creeks Flood Risk Management Committee Meeting, held 13 August 2014, be confirmed.
(Mangleson/Richardson)
Business Arising from Previous Minutes
There was no business arising from previous minutes.
Staff Reports - Infrastructure Services
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Report No. 5.1 North Byron Coastal Creeks Draft Flood Study Review File No: I2015/470
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Committee Recommendation: That Council notes:
1. That there are discrepancies in the draft Flood Study for the 1987 flood in Mullumbimby that require verification of divergent sets of data.
2. That the Committee will meet again on 18 August 2015 to see the results of the verification and a new draft Flood Study. (Dey/Richardson) The recommendation was put to the vote and declared carried. |
There being no further business the meeting concluded at 3.07 pm.
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 5.1 - Attachment 3
From:Phillip Buchanan[SMTP:Phillip.Buchanan@environment.nsw.gov.au]
To:Flockton, James[SMTP:James.Flockton@byron.nsw.gov.au]
Received-Date:20151012
Received-Time:5:27:46 AM
Sent-Date:20151012
Sent-Time:5:27:39 AM
Subject:North Byron Coastal Creeks Flood Study Calibration
Gday James,
Through discussions with Council and BMT WBM staff and review of BMT WBM’s North Byron Coastal Creeks Flood Study (version 1 - dated 12/10/15) , I am satisfied that the calibration undertaken for the subject study is valid and in line with current industry best practice.
Numerous issues with the modelling input data parameters are contributing to the calibration results, as is the case with the majority of flood studies. These parameters include, but not limited to;
· lack of rainfall gauges that would track the spatial rainfall intensities / temporal patterns more accurately throughout the catchment,
· the extent of blockages at the major/critical hydraulic control structures,
· accurate representation of the topography for previous flood events.
Taking these issues into account, the current calibration is fit for purpose and validates the model is within normal estimation error bounds. I endorse the flood study to proceed to the public exhibition stage.
Regards
Phillip Buchanan
Senior Floodplain Officer
Water Floodplain & Coast (North East)
Regional Operations Group
Office of Environment and Heritage
PO Box 856, Alstonville NSW 2477
T: 02 6627 0225
W: HYPERLINK "http://www.environment.nsw.gov.au/"www.environment.nsw.gov.au
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