Notice of Meeting

 

 

 

 

 

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Biodiversity and Sustainability Advisory Committee Meeting

 

 

A Biodiversity and Sustainability Advisory Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 21 April 2016

Time

9.00am

 

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Shannon Burt

Director Sustainable Environment and Economy                                                            I2016/308

                                                                                                                                      Distributed 8/04/16

 

 


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

Biodiversity and Sustainability Advisory Committee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

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 18 February 2016

4.    Business Arising From Previous Minutes

5.    Staff Reports

Infrastructure Services

5.1       Byron Shire Integrated Weed Management Strategy....................................................... 4   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   5.1

 

 

Staff Reports - Infrastructure Services

 

Report No. 5.1             Byron Shire Integrated Weed Management Strategy

Directorate:                 Infrastructure Services

Report Author:           Andrew Erskine, Open Space Technical Services Officer

File No:                        I2016/280

Theme:                         Community Infrastructure

                                      Asset Management

 

 

Summary:

 

Consultants and staff have developed a Shire Wide Integrated Weed Management Strategy for Council owned and managed lands as per Council resolution 13-621.

 

  

 

RECOMMENDATION:

That the Biodiversity and Sustainability Advisory Committee review the draft Byron Shire Integrated Weed Management Strategy.

 

 

 

Attachments:

 

1        Byron Shire Integrated Weed Management Strategy (Draft), E2016/16207 , page 7  

 

 


 

Report

 

The draft Byron Shire Integrated Weed Management Strategy (Strategy) was last reported to the Biodiversity and Sustainability Committee at the 6 August 2015 meeting. 

 

At this meeting the Committee recommended and Council resolved:

 

Resolution 15-434 that Council adopt the following Committee Recommendations:

 

Committee Recommendations 5.1.1

 

1.   That Biodiversity and Sustainability Committee note the report

2.   That the definition of integrated weed management and the objectives within the strategy be reviewed with further input from Committee members and suggested experts/others.

 

Since last reported the Strategy (Attachment 1) has undergone a number of reviews between staff, industry experts and the consultants and is considered now ready for final review by the Biodiversity and Sustainability Advisory Committee before reporting to Council.

 

Table 1 lists the key steps in the development of the Strategy and future actions required post the Committees review.

 

Table 1 – Integrated Weed Management Strategy project timeline

Date

Activity

Status

24 March

Staff Working Group meeting 1 – engage consultants

Complete

23 April

Workshop 1 – Council Staff

Complete

14 May

Workshop 2 - Biodiversity and Sustainability Committee workshop

Complete

16 May

Workshop 3 – Landcare and Dunecare volunteers

Complete

May

Consultation with Far North Coast Weeds

Complete

29 May

Draft Strategy V1 submitted to Council staff

Complete

8 June

Staff working group meeting 2 – discussion of Draft V1

Complete. Feedback provided to AWC

1 July

Progress report to Executive Team

Complete

21 July

Strategy V2 submitted to Council staff

Complete

29 July

Report draft Strategy to Executive Team

Complete

6 August

Progress report to Biodiversity and Sustainability Committee

Complete

August

Staff working group meeting 3 – consider resource implications of draft Strategy

Complete

April 2016

Report Draft Strategy to Biodiversity and Sustainability Advisory Committee

We are here

TBA

Report Draft Strategy to Council seeking approval for public exhibition

Pending

TBA

Public exhibition (minimum 28 days)

Pending

TBA

Review Submissions

Pending

TBA

Staff working group meeting 4 – discuss submissions and final amendments to Strategy

Pending

TBC

Final Strategy submitted to Council

Pending

TBC

Final Strategy reported to Council for adoption

Pending

 

 

Financial Implications

 

Not yet analysed.

 

Statutory and Policy Compliance Implications

 

Detailed in Attachment 1.


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                                               5.1 - Attachment 1

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Staff Reports - Infrastructure Services                                                     5.1 - Attachment 1

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