Notice of Meeting
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 |
Conference Room, Station Street, Mullumbimby |
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Date |
Thursday, 12 November 2015 |
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Time |
9.00am |
Shannon Burt
Director Sustainable Environment and Economy I2015/1360
Distributed 06/11/15
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
Biodiversity and Sustainability Advisory Committee Meeting
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Biodiversity and Sustainability Advisory Committee Meeting held on 1 October 2015
4. Business Arising From Previous Minutes
5. Staff Reports
Sustainable Environment and Economy
5.1 Low Carbon Strategy Update ........................................................................................... 4
5.2 Zero Emissions Byron Update........................................................................................ 14
5.3 Biodiversity and Sustainability Advisory Committee Meeting Dates 2016..................... 16
Staff Reports - Sustainable Environment and Economy 5.1
Staff Reports - Sustainable Environment and Economy
Report No. 5.1 Low Carbon Strategy Update
Directorate: Sustainable Environment and Economy
Report Author: Sandi Middleton, Acting Sustainability Officer
File No: I2015/1102
Theme: Ecology
Planning Policy and Natural Environment
Summary:
This report provides a progress update on the Low Carbon Strategy implementation, including Action 56, as requested by the Committee at 6 August 2015 meeting.
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RECOMMENDATION: That the Biodiversity and Sustainability Committee receive and note the report. |
1 Low Carbon Strategy - Status update list , E2015/72501 , page 6
Report
Low Carbon Strategy (LCS) Progress Update
To date approximately 93% of the first year (2015/16) actions in the LCS are either completed or in progress. The other 7% have not started/commenced as yet. This is a commendable result for the first year (Attachment 1).
Implementing the Low Carbon Strategy Actions across Council
In May 2015, a Sustainability Matrix Group (internal working group) was established. This group consists of a range of staff from all Council directorates. The aim of the cross disciplinary group is to enable the consideration and integration of sustainability into all components of Council’s activities and service delivery, with a focus on improved organisational environmental sustainability performance through the implementation of the Low Carbon Strategy.
Other key functions of the group include:
§ To define and communicate the meaning of sustainability to all
§ To implement the LCS and other sustainability initiatives
§ To identify and work together to deliver actions and projects and overcome barriers to performance
§ To embed sustainability principles into all facets of our decisions, operations and systems and operations
§ To celebrate and share successes and lessons learnt
§ To encourage and be open to new ideas and also look for new opportunities
§ To become a leader in this area of local government sustainability and inspire more big picture goals internally and externally
§ To help integrate sustainability into Council’s Delivery and Operational Plans and individual work plans and empower others to participate
To enable maximum efficiency in how the Group operates each action in the LCS has a lead person nominated and that LCS action is where able included on their work plan. This model is seen as a way to pilot the implementation of other cross divisional policies and strategies in the future and any lessons learnt through the group process can be shared with other future working groups in Council.
Financial Implications
Nil
Statutory and Policy Compliance Implications
Nil
Staff Reports - Sustainable Environment and Economy 5.2
Report No. 5.2 Zero Emissions Byron Update
Directorate: Sustainable Environment and Economy
Report Author: Sandi Middleton, Acting Sustainability Officer
File No: I2015/1298
Theme: Ecology
Planning Policy and Natural Environment
Summary:
This report provides an update on the Zero Emissions Byron Project as requested by the Committee at 1 October 2015 meeting.
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RECOMMENDATION: That the Biodiversity and Sustainability Committee receive and note the report.
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Report
The Zero Emissions Byron Project, which was initiated in March 2015, is a joint initiative of the Byron Shire Council and Beyond Zero Emissions (BZE). The Zero Emissions Byron (ZEB) Project aims to transition the entire Byron Shire region to zero net greenhouse gas emissions by 2015. The project addresses all sectors of emissions, focusing on the five key areas of energy, buildings, transport, land use and waste. Byron Shire is the first community in Australia which has committed to this major goal, and the vision is that the project will drive large scale transformations within the region.
The Project partners, including the Byron Shire Council, BZE and the Centre for Social Change, make up the Steering Committee which is helping to steer and support the project. However, the project is being driven by the community.
There are five working groups covering each major sector of emissions, energy, buildings, transport, land use and waste, as well a group focused on communication and engagement. The working groups are made up of dedicated community members who are passionate about each of the sectors, and therefore have invaluable knowledge about what actions are feasible and of most benefit for the Byron Shire. It is the local input and knowledge which will make this project work for the region.
The five working groups are currently undertaking research and collecting data to assess the baseline emissions for the region. They are also collecting data on technical solutions and models that are relevant for the region, which will be used to develop detailed strategic plans for transition to zero emissions for all sectors.
The aim is that the ZEB project will provide a leading example and a replicable model for other communities to follow. Byron’s commitment to the goal of zero emissions places the region as a national and international leader, and the project is already attracting local and international recognition. For example, the project has been invited to present at national events such the Australian Green Development Forum and the Australian Climate Leadership Summit in November. ZEB is also being showcased at numerous events in the Northern Rivers region, such as the Bioenergy Conference, the Sustainable Housing Design Day, COREM launch, Sustainable Urban Community Homes, and the Mullumbimby Show.
The ZEB project is to be profiled at the upcoming UN Framework Convention for Climate Change COP21 Paris Climate Change Conference. ZEB has been invited to join the ICLEI Global 100% Renewable Energy Cities and Regions Network, and to attend the 100% RE Network Meetings, the Climate Summit for Local Leaders, and the Compact of Mayors event.
Financial Implications
Nil
Statutory and Policy Compliance Implications
Nil
BYRON SHIRE COUNCIL
Staff Reports - Sustainable Environment and Economy 5.3
Report No. 5.3 Biodiversity and Sustainability Advisory Committee Meeting Dates 2016
Directorate: Sustainable Environment and Economy
Report Author: Michelle Chapman, Administration Officer Land and Natural Environment
File No: I2015/1299
Theme: Ecology
Planning Policy and Natural Environment
Summary:
This report is prepared to establish a meeting schedule for the Biodiversity and Sustainability Advisory Committee for 2016.
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RECOMMENDATION: That the Biodiversity and Sustainability Advisory Committee meets from 9.00am to 11.00am on the following dates during 2016:
· Thursday, 18 February 2016 · Thursday, 21 April 2016 · Thursday, 23 June 2016 · Thursday, 18 August 2016 · Thursday, 10 November 2016 · Or as required
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Report
The adopted Constitution, at item 10 on page 2, under the heading Convening Meetings states:
“At least quarterly meetings will be held.
A meeting of the committee may be convened in response to either the direction of the Chair in written form to the General Manager; or two committee members in written form to the General Manager, or by resolution of the Council.”
The Committee has also requested to hold meetings every second month. Council’s meeting schedule for 2016 will be reported to 19 November meeting. In consideration of this and the procedure of scheduling upcoming Strategic Planning Workshops and all Advisory Committee meetings on a Thursday, it is proposed to hold five meetings during 2016, between 9.00am and 11.00am, on the following dates:
· Thursday, 18 February 2016
· Thursday, 21 April 2016
· Thursday, 23 June 2016
· Thursday, 18 August 2016
· Thursday, 10 November 2016
Financial Implications
Nil
Statutory and Policy Compliance Implications
Nil
