BYRON SHIRE COUNCIL

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 4.1 - Attachment 6

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

Coastal Zone Management Plan Byron Bay Embayment

 

†††††† PROJECT REFERENCE GROUP††††††

 

 

 

CONSTITUTION

 

 

 

#E2015/80496


BYRON SHIRE COUNCIL

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 4.1 - Attachment 6

INFORMATION ABOUT THIS DOCUMENT
(INTERNAL USE ONLY)

 

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 certified by the Minister.

Date Group to be Disbanded

The term of the PRG shall conclude when the CZMP BBE is certified by the Minister.

Convenor/Facilitator

Coastal and Estuary Officer

Review Timeframe

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

#E2015/45369

 

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

#E2015/55701

27/08/15

Amended following Res 15-410

#E2015/60380

17/09/15

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

#E2015/65395

08/10/15

Format amendments and removed note at 4.5

#E2015/80496

19/11/15

Amended following Res 15-581

 

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

 


BYRON SHIRE COUNCIL

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 4.1 - Attachment 6

 

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

 

1.†
Preamble

 

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 Ďadopted for public exhibitioní.

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 Ďexhibition submissions reportí prior to tabling at Council meeting, and prior to amended draft CZMP BBE being adopted for Ďsubmission to the Ministerí.

 

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 certified by the Minister.

 

4.† Membership

 

Membership is to include:

 

4.1†††††† 5 Councillor Members Ė Cr, Cameron, Dey, Ibrahim, Richardson and Wanchap.

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

 

4.4†††††† 2 Community Members:

o† one from the Byron Preservation Association and

o† one from either BEACON or Byron Residents Group as determined by Council (Resolution 15-410 Ordinary Meeting 27 August 2015).

4.5†††††† 2 staff members:

o† Coastal and Estuary Officer

o† Director Sustainable Environment and Economy (or delegate)

 

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
i.e. 7 members.

 

* 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.

 

9.† Convening Meetings

 

Meetings to be held bi-monthly or as required.

 

10.† Reporting

 

10.1†††† 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†††† 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 Councilís 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 PRGís 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 groupís 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 Groupís meetings formatted in accordance with Councilís templates.†

 

16.1†††† The reports of the Groupís meetings are to be reported to Council when required.† The PRGís web page will indicate what meeting Council will be considering the PRGís reports.†

 

16.2†††† Reports from each PRG meeting may be placed on Councilís 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 Groupís 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 PRGís 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 Councilís adopted Code of Conduct at all times.

 

18.3†††† Pecuniary Interest:† Pecuniary 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:

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

 

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

 

18.4†††† Privacy:† All group members are to abide by Councilís Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) 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 ďWorker ResponsibilitiesĒ as prescribed in the Work Health Safety Policy.