Heritage Advisory Committee Meeting
A Heritage Advisory Committee Meeting of Byron Shire Council will be held as follows:
Conference Room, Station Street, Mullumbimby
Tuesday, 16 February 2016
Director Sustainability Environment and Economy I2016/54
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.
Heritage Advisory Committee Meeting
3.1 Heritage Advisory Committee Meeting held on 17 November 2015
5. Staff Reports
Sustainable Environment and Economy
5.1 Heritage Strategy.............................................................................................................. 4
Staff Reports - Sustainable Environment and Economy 5.1
Report No. 5.1 Heritage Strategy
Directorate: Sustainable Environment and Economy
Report Author: Shannon Burt, Director Sustainable Environment and Economy
File No: I2015/1590
Development and Approvals
At the Heritage Advisory Committee (HAC) meeting held on 17 November 2015, the HAC deferred consideration of Report 5.2 Heritage Strategy until the next available HAC meeting scheduled in 2016. As such this report is provided for the consideration of the HAC at this meeting.
Council was successful in receiving a Local Government Heritage Advisors Grant for the 2015-2016 period from the Office of Environment and Heritage (OEH). As a condition of heritage advisor funding, Council must prepare or update a heritage strategy to guide heritage management in their area.
The purpose of this report is to advise the HAC of the requirements for a heritage strategy and also what a heritage strategy is, and how it is to be prepared.
That the Heritage Advisory Committee note the report, and support the preparation of a Heritage Strategy for Byron Shire that meets the reporting timeframe and requirements set by the Office of Environment and Heritage.
1 Office of Environment and Heritage Publication - Recommendations for local council heritage management, E2015/73930 , page 7
2 Tenterfield Heritage Strategy 2015-2018, E2015/73922 , page 33
At the Heritage Advisory Committee (HAC) meeting held on 17 November 2015, the HAC deferred consideration of Report 5.2 Heritage Strategy until the next available HAC meeting scheduled in 2016. As such this report is provided for the consideration of HAC at this meeting.
Council was successful in receiving a Local Government Heritage Advisors Grant for the 2015-2016 period. As a condition of heritage advisor funding, Council must prepare a heritage strategy to guide heritage management in their area. This strategy must be based on the OEH’s publication, ‘Recommendations for local council heritage management’ (Attachment 1).
The nine headings listed below as recommendations are standard for heritage strategy preparation. They fit into the annual reporting template that is also required by OEH as a condition of heritage advisor funding.
Recommendation 1: Establish a heritage committee to deal with heritage matters in your area
Recommendation 2: Identify the heritage items in your area and list them in your local environmental plan
Recommendation 3: Appoint a heritage and urban design advisor to assist the council, the community and owners of listed items
Recommendation 4: Manage local heritage in a positive manner
Recommendation 5: Introduce a local heritage incentives fund to provide small grants to encourage local heritage projects
Recommendation 6: Run a heritage main street program
Recommendation 7: Present educational and promotional programs
Recommendation 8: Set a good example to the community by properly managing places owned or operated by the council
Recommendation 9: Promote sustainable development as a tool for heritage conservation
As mentioned above, as part of the funding agreement for the heritage advisor, the Council must also complete and submit an annual report on implementing its heritage strategy by 15 May each year. This report is usually prepared by the Council’s heritage advisor and heritage officer (staff).
To this aim Council has now appointed a heritage advisor, who will work with the HAC to prepare and implement a compliant Heritage Strategy and Annual report for Byron. A work plan and deliverables for this purpose will need to be developed.
To start the discussion, an example of a Heritage Strategy provided by Council’s Heritage Advisor is attached for information. There are other examples available on the OEH website that may be more suited to Byron: http://www.environment.nsw.gov.au/Heritage/funding/managelocgov.htm
Council is required to comply with the grant funding requirements under the Local Government Heritage Advisor program. Claims for payment of the grant will only be made where the grant obligations are met.
Statutory and Policy Compliance Implications