13.10 - Attachment 2































Coastal Zone Management Plan Byron Bay Embayment










#E2015/603805395# E2015/55701


                                                                                                                              13.10 - Attachment 2




Date Commenced:

27 August 2015

Time Frame to carry out objectives

The term of the Project Reference Group (PRG) shall coincide  with the preparation of the draft Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) and shall conclude when the draft CZMP BBE is submitted to the Minister for certification..

Date Group to be Disbanded

The term of the PRG shall conclude when the CZMP BBE is submitted to the Minister for certification.


Coastal and Estuary Officer

Review Timeframe



Document History

Doc No.

Date Amended

Details Comments eg Resolution No.



Reported to 27/8/15 meeting following Res 15-139Res 15-410

# E2015/55701


Amended following Res 15-410



Amended  error in Table of Contents and as per Res 15-468



Format amendments and removed note at 4.5


Further Document Information and Relationships

Principal Activity
(Management Plan)


Related Legislation

Coastal Protection Act 1979

Local Government Act 1993 Section 451
Government Information (Public Access) Act) 2009

Related Policies

Code of Conduct Policy 1.8

Privacy Management Plan

Work Health Safety Policy

Related Procedures/ Protocols, Statements, documents

Agenda Template for PRG Meetings
Report Template for PRG Meetings 
Action List Template for PRG Meetings



                                                                                                                              13.10 - Attachment 2



Table of Contents


1.        Preamble. 2

2.        Objectives. 2

3.        Timeframe for Group. 2

4.        Membership. 2

5.        Chairperson. 3

6.        Quorum.. 3

7.        Confidentiality. 3

8.        Convenor/Facilitator 3

9.        Convening Meetings. 3

10.     Reporting. 3

11.     Meetings Open to the Public. 3

12.     Invited Guests. 3

13.     Audio Taping of Meetings. 4

14.     Vacation of Office. 4

15.     Publicity. 4

16.     Records of meetings (agenda and reports) 4

17.     Section 377 Delegation. 5

18.     Miscellaneous. 5

Preamble. 2

1.        Objectives. 2

2.        Timeframe for Group. 2

3.        Membership. 2

4.        Chairperson. 3

5.        Quorum.. 3

6.        Confidentiality. 3

7.        Convenor/Facilitator 3

8.        Convening Meetings. 3

9.        Reporting. 3

10.     Meetings Open to the Public. 3

11.     Invited Guests. 3

12.     Audio Taping of Meetings. 4

13.     Vacation of Office. 4

14.     Publicity. 4

15.     Records of meetings (agenda and reports) 4

16.     Section 377 Delegation. 5

17.     Miscellaneous. 5

1.      Preamble. 2

2.      Objectives. 2

3.      Timeframe for Group. 2

4.      Membership. 2

5.      Chairperson. 3

6.      Quorum.. 3

7.      Confidentiality. 3

8.      Convenor/Facilitator 3

9.      Voting. 3

10.    Majority Decision. 3

11.    Convening Meetings. 4

12.    Reporting. 4

13.    Meetings Open to the Public. 4

14.    Invited Guests. 4

15.    Audio Taping of Meetings. 4

16.    Vacation of Office. 4

17.    Publicity. 5

18.    Records of meetings (agenda and reports) 5

19.    Section 377 Delegation. 5

20.    Miscellaneous. 6




The Project Reference Group is a Group formed by the Council and does not have executive power or authority to implement actions.


The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.


2.                                                                                                    Objectives


The purpose of the Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) Project Reference Group is:

a)         Review draft CZMP BBE and provide feedback to staff prior to the tabling of the draft CZMP BBE at a Council meeting, and prior to the draft CZMP BBE being ‘adopted for public exhibition’.

b)         Provide feedback, input and support to draft CZMP BBE exhibition consultation and communication activities.

c)         Overview submissions provided on the adopted draft CZMP BBE, review and provide feedback to staff on draft CZMP BBE ‘exhibition submissions report’ prior to tabling at Council meeting, and prior to amended draft CZMP BBE being adopted for ‘submission to the Minister’.


The objectives have been confirmed by Council on 27 August 2015 (Res 15-410).


3.                                                                                 Timeframe for Group


The timeframe for the PRG shall coincide with the preparation of the Coastal Zone Management Plan Byron Bay Embayment (CZMP BBE) and shall conclude when the CZMP BBE is submitted to  the Minister..


4.                                                                                                Membership


Membership is to include XX 15number of  members:


4.1       XX 5 Councillor Members – Cr, Cameron, Dey, Ibrahim, Richardson and Wanchap.number and name subject to Council resolution

4.2       5 Invited Members from the following agencies - noting that individual staff representatives are subject to nomination and confirmation from the respective agency:

o   Coasts and Estuaries, North Coast Unit, Office of Environment and Heritage

o   North Region, Department of Planning

o   Cape Byron Marine Park

o   Byron Coast, National Parks and Wildlife Service

o   North Coast, Crown Lands

4.3       1 Invited Member from the Bundjalung of Byron Bay Aboriginal Corporation Arakwal (nomination to be confirmed)


4.4       2XX Community Members:

  -   one from the Byron Preservation Association and

one from either BEACON or Byron Residents Group as determined by Council (Resolution 15-410 XX, Ordinary Meeting XX27 August 2015).

4.5       2 staff members*:

o   Coastal and Estuary Officer

o   Director Sustainable Environment and Economy (or delegate)

* Staff members participating on the working group do not have any voting entitlements.



5.                                                                                                Chairperson


The Chair of the PRG be elected from Councillors nominated to the PRG, to be determined at the first meeting.  The Chair can delegate their role to another Councillor if unable to attend a meeting.


6.                                                                                                        Quorum


A quorum is to constitute at least half the number of members, 2 of which are to be councillors.
8763 members (if a total of 5 appointed).


* Staff members are not counted as part of a quorum.


7.                                                                                             Confidentiality


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


8.                                                                                  Convenor/Facilitator


The Convenor/Facilitator of the Project Reference Group in most cases will be the staff member unless otherwise decided by Council.


1.        Voting


Each member of the Group (with the exception of the staff members) is to have one vote.  If the vote is tied on any particular matter it will be referred to Council for determination.


1.        Majority Decision


A requirement that a majority decision of the Group comprises a majority of the invited representative members present and voting on any item subject to the requirements of a quorum being met at the meeting.


9.                                                                                 Convening Meetings


Meetings to be held bi-monthly or as required.


10.                                                                                                   Reporting


A10.1) The reports of meetings (Minutes) are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.


10.2     b)         The project reference group reports to Council when required.



11.                                                                 Meetings Open to the Public


PRG 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.

12.                                                                                           Invited Guests


The PRG Convenor may request to seek further expertise and consultation as agreed to by the Group and if necessary arrange attendance of a person providing the expertise at a PRG 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.


13.                                                                      Audio Taping of Meetings


A PRG meeting may be recorded.  If the meeting is being recorded, all PRG members will be advised of this and it will be noted in the Report of that meeting.


Recordings of PRG meetings may involve the recording of personal information provided at the meeting. The recordings will be made to assist with the administration of the PRG. The provision of any information that is recorded is voluntary, however, if any person does not wish to be recorded they should not address the meeting.


The recordings may be made available to other persons where such access is in accordance with the relevant regulations and requirements in this regard, such as under the Local Government Act 1993 or the Government Information (Public Access) Act 2009. The recordings where made will ultimately be stored in Council’s document storage system.


14.                                                                                    Vacation of Office


Any Project Reference Group member wishing to resign from the group shall do so in writing. 


Invited Members:  If an invited member on the Group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested.  If no alternate delegate is nominated by the Organisation then that position will become redundant.


Community Members:  If a community member resigns and if more than half of the timeframe to complete the PRG’s objectives still exists an alternate delegate can be appointed by the Councillor members.  If no alternate delegate has been appointed by Council or the alternate delegate declines to accept the vacant position then that position will become redundant. 



15.                                                                                                     Publicity


PRG members unless authorised by Council are not to promote or advertise the group’s activities or to speak on behalf of the Committee with the media. Only the Chair can speak on behalf of the Committee with the media.


16.                                       Records of meetings (agenda and reports)


The Convenor/Facilitator of the Group will prepare the Agenda, Progress Reports and Action lists of the Group’s meetings formatted in accordance with Council’s templates. 


a)        The reports of meetings (minutes) are to be circulated to members of the group within 7 days of the meeting so that member can provide feedback through the Chair on the draft unconfirmed minutes.


16.1     The reports of the Group’s meetings are to be reported to Council when required.  The PRG’s web page will indicate what meeting Council will be considering the PRG’s reports. 


16.2     If the PRG considers necessary,R reports from each PRG meeting may be placed on Council’s Web Page for access by the public and Councillors after each meeting. 


16.3     If the time frame allocated to complete the objective(s) is 6 months or more the Group is to provide a progress report quarterly to Council on its progress.


16.4     At the end of the Group’s term a final status report be presented to Council on the outcomes of each objective.



17.                                                                           Section 377 Delegation


The Project Reference Group 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 and / or consultants engaged by Council for the purposes of preparing the CZMP BBE.



18.                                                                                          Miscellaneous


18.1     Insurance:  All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Terms of reference and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the working group from due diligence and all Council policies must be adhered to.


18.2     Code of Conduct:  All group members to abide by Council’s adopted Code of Conduct at all times.


18.3     Pecuniary InterestPecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, 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. Such other person includes the spouse or de-facto partner or relative of the group member.


Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”


Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.


18.4     Privacy:  All group members are to abide by Council’s Privacy Management Plan (see ) relating to their access to personal information.

18.5     Meeting Practice:  If any other issue arises regarding meeting practice not covered under this constitution, it be referred to the General Manager or delegate or if required Council for a determination to be made.


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