Notice of Meeting

 

 

 

 

 

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Belongil Catchment Advisory Commmittee Meeting

 

 

A Belongil Catchment Advisory Commmittee Meeting of Byron Shire Council will be held as follows:

 

Venue

Cavanbah Centre, Ewingsdale Road, Byron Bay

Date

Tuesday, 8 March 2016

Time

11.00am

 

 

 

 

 

 

Phillip Holloway

Director Infrastructure Services                                                                                           I2016/204

                                                                                                                                    Distributed 04/03/16

 

 


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

Belongil Catchment Advisory Commmittee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

4.    Business Arising From Previous Minutes

5.    Staff Reports

Infrastructure Services

5.1       Proposed Committee Meeting Dates 2016....................................................................... 4

5.2       Belongil Swamp Drainage Union Negotiations................................................................. 6

5.3       Belongil Creek Fate of the Effluent Alternative Flowpath Project.................................... 9   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   5.1

 

 

Staff Reports - Infrastructure Services

 

Report No. 5.1             Proposed Committee Meeting Dates 2016

Directorate:                 Infrastructure Services

Report Author:           Peter Rees, Manager Utilities

File No:                        I2016/197

Theme:                         Community Infrastructure

                                      Sewerage Services

 

 

Summary:

 

The purpose of this report is to enable the scheduling of meeting dates for 2016.

 

The following proposed dates are proposed for the Belongil Catchment  Advisory Committee’s meetings for 2016:

 

30 June 2016 11:00 – 13:00

15 September 2016 09:00 – 11:00

17 October 2016 11:00 – 13:00

 

All meetings to be held at the Cavanbah Centre Byron Bay.

 

 

  

 

RECOMMENDATION:

That the Committee accept and note the proposed dates tabled prior to being adopted by Council at the next meeting.

 

 

 

 

 

 

 


 

Report

 

The purpose of this report is to enable the scheduling of meeting dates for 2016.

 

The following proposed dates will be tabled next Council Meeting to be adopted for the Belongil Catchment  Advisory Committee’s meetings for 2016.

 

30 June 2016 11:00 – 13:00

15 September 2016 09:00 – 11:00

17 October 2016 11:00 – 13:00

 

All meetings are to be held at the Cavanbah Centre Byron Bay.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

The Belongil Catchment  Advisory Committee’s Constitution states:

 

·    At section 8 that “Meetings will be held at least quarterly.”

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   5.2

 

 

Report No. 5.2             Belongil Swamp Drainage Union Negotiations

Directorate:                 Infrastructure Services

Report Author:           Peter Rees, Manager Utilities

File No:                        I2016/198

Theme:                         Community Infrastructure

                                      Sewerage Services

 

 

Summary:

 

As part of the Byron Bay Sewage Augmentation project Council entered into an agreement with the Belongil Swamp Drainage Union to discharge runoff from Council’s properties into the Belongil Swamp drains. The fee incorporated normal drainage charges as a landholder in the catchment plus the recognition of the extra over flows form the BBSTP.

 

Payment of the fees were suspended in 2007 pending supply of governance documentation by the Belongil Swamp Drainage Union. In 2015 in accordance with Council resolution 15-236 Council recommenced negotiations with the Drainage Union.

 

  

 

RECOMMENDATION:

That Council supports the cooperative proposal put forward by the Belongil Swamp Drainage Union Secretary and enter into an agreement for Council to pay suppliers for maintenance activities in the catchment’s union drains.

 

 

Attachments:

 

1        Email about Drainage Union / Council Co-operation, E2016/14057 , page 8  

 

 


 

Report

 

As part of the Byron Bay Sewage Augmentation project Council entered into an agreement with the Belongil Swamp Drainage Union to discharge runoff from Council’s properties into the Belongil Swamp drains. The agreement provided for a fee of $10,000 per year be paid to the Union for flows up to 900 ML per annum plus a fee of $10 per ML for every ML above 900. Payments were suspended by Council in 2007 pending provision to Council by the Belongil Swamp Drainage Union of appropriate governance documents.

 

These documents have not been provided and Council has not made any payments since 2007. In accordance with Council Resolution 15-236 Item 4 Council has continued to negotiate with the Union to undertake periodic drain maintenance and in accordance with Council Resolution 15-527 Item 1b Council is reporting the negotiations to this Committee.

 

Financial Implications

 

Expenditure from the Sewer fund of $9,000 per annum.

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   5.3

 

 

Report No. 5.3             Belongil Creek Fate of the Effluent Alternative Flowpath Project

Directorate:                 Infrastructure Services

Report Author:           Peter Rees, Manager Utilities

File No:                        I2016/200

Theme:                         Community Infrastructure

                                      Sewerage Services

 

 

Summary:

The attached discussion paper presents a summary of the information gathered over the past 12 months of investigation of water flows from the STP effluent. It also presents both the adjacent Landholders position and that of Council together with recommended project objectives and project plan. These are presented for discussion.

 

  

 

RECOMMENDATION:

The Committee review the attached project discussion paper and proposed project plan and provide input to the project.

 

 

 

Attachments:

 

1        Fate of the Effluent Alternative Flowpaths Discussion Paper, E2016/13752 , page 11  

2        Appendix 1.1 1-15562 Union Drain WL Assessment BSC1, E2016/13755 , page 18  

3        Appendix 1.2 2 - Union Drain WL Assessment ~ Aug 2015, E2016/13756 , page 26  

4        Appendix 1.3 3 - Union Drain WL Assessment - Oct 2015, E2015/74808 , page 37  

5        Appendix 2 Byron Bay STP Release Options May 2015 Rev 2, E2016/13754 , page 51  

 

 


 

Report

 

Refer attached discussion paper.

 

Financial Implications

 

Section 64 funding of $350,000 has been allocated to this project by Council resolution 15-674.

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          5.3 - Attachment 1

Belongil Catchment Advisory Committee

 

Byron STP Alternative Flow Path

Overview

Byron Shire Council (Council) has identified the need to implement a major project to investigate future flow paths for treated effluent discharge from the Byron STP. The Byron STP treats wastewater from the Byron Bay / Suffolk Park area and discharges a high quality tertiary treated effluent into the:

q Byron Bay Urban Recycled Water Scheme (BBURWS); or

q Byron Bay Integrated Wetlands Management Reserve (BBIWMR) where the water flows through a series of constructed wetlands prior to environmental release

 

With the augmentation of the West Byron STP in 2005, an increased volume of treated effluent has been released from the BBIWMR into the Belongil Creek Catchment via a farm drainage system. The local landholders have raised concerns that the increased flow in the drain has impacted on the local hydrology, with respect to increasing the height of local groundwater levels.

Currently the Byron STP is operating at 72% capacity (approx. 5 ML/day) with the design capacity of 6.95 ML /day to be reached by 2025. Based on Councils current land use strategies, it is estimated that the Byron STP will need to be upgraded to a capacity of 10 ML/day to continue servicing the area beyond 2025.

As the volume of STP discharge is set to increase, Council would like to determine the sustainable capacity for increased flows in the Belongil Creek Catchment, in regards to both the ecological health of the catchment and localised hydrological impacts.

The table below shows current release and the approximate volumes discharged from the Byron STP.

STP Release

Approx. Discharge

Byron Bay Urban Recycled Water Scheme (BBURWS)

Treated effluent is filtered and chlorinated for irrigation purposes and public toilet use

1 ML/day

Byron Bay Integrated Wetland Management Reserve (BBIWMR)

Treated effluent is irrigated through the 25ha Melaleuca wetland

1 ML/ day *

Treated effluent is released into the upper catchment of the Belongil Creek via a series of open drains

3 ML/day

Note: * taken up in the wetlands through evapotranspiration


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          5.3 - Attachment 1

Project Status

Council installed data loggers on 25 March 2015 to investigate the behaviour of the standing water levels of the shallow groundwater system within the three adjoining landowner’s properties. The results to date indicate that the main factor influencing groundwater levels is rainfall in the catchment [Technical Memorandums: Assessment of Water Levels within Union Drain and Morans Hill Drain, Byron Bay (AWC, April 2015; August 2015; November 2015)] (see Attachment A).

The analysis of flow data to date has not shown a correlation between the environmental release from the BBIWMR and the water levels in the farm drainage system - high effluent release does not correspond with high drain water levels. Council is continuing to monitor groundwater levels and investigate the behaviour of STP discharge in relation to local groundwater levels.

To investigate the future requirements of the Byron STP, Council commissioned an investigation to review the capacity of the Byron STP in line with Councils population projections [Byron STP Capacity Review – Final Report (GHD, August 2015)]. The review found that Byron STP will require augmentation to cater for development beyond 2025. An STP capacity of 10 ML/day will be prerequisite for the delivery of sewage services up to 2050. [Byron STP Capacity Review – Final Report (GHD, August 2015)].

In response to the Landowners concerns and a possible increase in future STP environmental release, Council has undertaken a preliminary study on alternative flow paths [West Byron STP Preliminary Review of Alternative Effluent Release Locations (AWC, April 2015)]. The study identified six alternative flow paths for the discharge of treated effluent (See Attachment B).

Council has formed the Belongil Catchment Advisory Committee (Committee) to steer the project as part of the community consultation process. In considering STP environmental release beyond 2025, it is necessary to ensure current and future flow paths enhance the environmental aspects of the catchment as a whole.

At the Byron Shire Council Meeting held on the 10 Dec 2015, Council resolved [Resolution 15-674]:

1.     The Council commence an investigation into the Belongil Fate of Effluent Flow Path and consult with the newly formed Belongil Catchment Advisory Committee and Water, Waste and Sewer Advisory Committee on the aims and scope of the project

2.     That the project be reported regularly to that Committee and to the Water, Waste and Sewer Advisory Committee

3.     That Council allocate $350,000 from the Sewer Fund section 64 reserves to undertake the Belongil Fate of the Effluent Flow Path project over 12 months from early 2016


 

In Summary:

Council position

§ The evidence to date indicates the current flow path has not negatively impacted on the hydrology  Belongil Creek Catchment

§ The increase in STP flows since augmentation of the Byron STP has increased the frequency of the Belongil mouth opening indicating that the water is effectively flowing through the Belongil Creek Catchment.

§ The Byron STP and Wetlands have delivered environmental benefits to the whole community by enhancing the environmental aspects of the upper catchment

Nevertheless:

§ Council has identified that the design capacity of 6.95 ML/day will be reached by 2025 and that the current planning strategy indicates an augmentation of the STP will be required in the next 10 years

§ Environmental release from the Byron STP will increase by approx.:

2 ML /day by 2025

5 ML /day by 2050

§ Council would like to ensure neighbouring landholders are not negatively impacted by the current or future hydraulic loading of STP discharge

§ Council would like to investigate the sustainable capacity of the Belongil Creek Catchment for future release strategies

Adjoining landowner’s position

§ Landowners believe the current effluent flow path has increased the height of the water table and is contributing to water logging parts of their low lying land  

§ Landowners claim the original agreement was for a 1 ML /day discharge with the augmentation of the West Byron STP

Regulators position

§ EPA confirms Council is managing the current discharge and irrigation of effluent in accordance with EPA requirements

§ EPA has further advised that modifying the Byron STP discharge arrangements requires investigation of options along with comprehensive environmental assessment.

§ DPI Water confirm that provided the water is flowing through the drainage network unimpeded (NO Ponding) there should be little impact on the height of the water table

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          5.3 - Attachment 1

Project Plan Proposal

The following Project Plan outline is provided for Committee review and input.

Project Objectives

The objectives of the Committee are to:

q Determine the sustainable capacity for increased flows in the Belongil Creek

q Identify alternative flow path/s for Byron STP treated effluent discharge 

q Enhance environmental and scenic values (beautification) of the Belongil Catchment

q …… [to further develop with Council / Committee]

Scope of Works

Task

Completed By

1

Engage consultant to undertake a review of the sustainable capacity for increased flows in the Belongil Creek

April 2016

2

Engage consultant to undertake a Detailed Review of Byron STP Alternative Flow Paths including:

§ Assess the potential options of treated effluent release, including a mix of options

§ Model potential scenarios for STP discharge with consideration to

the relative contribution to the flows from the STP discharges and rainfall

the impacts of discharges with the Belongil estuary open and closed

§ Assessment and understanding of project risks

§ Determine all regulatory and formal requirements

§ Provide recommended option/s to Council

June 2016

 

3

Report preferred option/s to relevant various Council committees

September 2016

4

Council Resolution of the preferred option/s

October 2016

5

Engage consultant/s to undertake the required detailed Environmental and Engineering studies – this could include REF, EIS, Flora and Fauna Studies, Hydraulic studies

November 2016

 


 

Studies, Plans and Reports

The following Council documents are available on the Belongil Creek Catchment:

q 3 x Technical Memorandums: Assessment of Water Levels within Union Drain and Morans Hill Drain, Byron Bay (AWC, April 2015; August 2015 and November 2015)

q 3 – Union Drain WL Assessment (???, October 2015)

q Byron STP Capacity Review – Final Report (GHD, August 2015)

q West Byron STP Preliminary Review of Alternative Effluent Release Locations (AWC, April 2015)

q Belongil Creek Floodplain Risk Management Study and Plan (BMT WBM, March 2015)

q Belongil Creek Flood Study (SMEC, November 2009)


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          5.3 - Attachment 1

Appendix A

1) Technical Memorandum: Assessment of Water Levels within Union Drain and Morans Hill Drain, Byron Bay (AWC, April 2015)

2) Technical Memorandum: Assessment of Water Levels within Union Drain and Morans Hill Drain, Byron Bay (AWC, August 2015)

3) Technical Memorandum: Assessment of Water Levels within Union Drain and Morans Hill Drain, Byron Bay (AWC, November 2015)

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                          5.3 - Attachment 1

 

 

Appendix B

West Byron STP Preliminary Review of Alternative Effluent Release Locations (AWC, April 2015)


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.3 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.3 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 5

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.3 - Attachment 5

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.3 - Attachment 5

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