Agenda of Water, Waste and Sewer Advisory Committee Meeting

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

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Strategic Business Plan Water Supply and Sewerage

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/1205

Theme: Community Infrastructure

Water Supplies

Summary:

The Strategic Business Plan (SBP) addresses 3 elements of the Best-Practice Management of Water Supply and Sewerage Framework [Strategic Business Planning, Pricing and Drought Management].

The plan verifies the ongoing financial sustainability of the water supply and sewerage business.

RECOMMENDATION:

That the Committee note the report.

Attachments:

1 Strategic Business Plan for Water Supply and Sewerage Services 2016 Revision 1, E2016/90813 , page 6

Report

Councils that have responsibility for water supply and sewerage infrastructure need to comply with the requirements and timeframes of the NSW Government’s Best-Practice Management of Water Supply and Sewerage Guidelines, 2007. These requirements include:

· Preparing and implementing a 30 year Integrated Water Cycle Management (IWCM) Strategy

· Preparing and implementing a 20-30 year Strategic Business Plan, Financial Plan and associated asset management plans

· Annual Performance Monitoring, including preparing an annual Action Plan to review the council’s performance and to identify and address any areas of under-performance. The review also includes whether the current Typical Residential Bill is in accordance with the projection in the Strategic Business Plan and any proposed corrective action.

The Strategic Business Plan (SBP) addresses 3 elements of the Best-Practice Management of Water Supply and Sewerage Framework [Strategic Business Planning, Pricing and Drought Management].

Demonstrated best-practice management is a pre-requisite for payment of a dividend from the surplus of a local government LWU’s water supply and sewerage businesses.

Some key assumptions in the plan are:

· Byron Bay Sewage Treatment Plant upgrade to 10 ML/day average dry weather flow to commence in 2025.

· Ocean Shores Sewage Treatment Plant to be upgraded by transferring flows to Brunswick Valley Sewage Treatment Plant. This work to commence in 2020.

· The Brunswick Valley Plant be upgraded to accommodate the increased flows. The work to include wetlands and a storm overflow pond.

· The Total Residential Bill for Water Supply be reduced by 1.6% in 2017-18.

· The Total Residential Bill for Sewerage be reduced by 9% in 2017-18.

Financial Implications

Financial sustainability of the water supply and sewerage businesses is verified by the strategic business plan.

There is an opportunity to reduce the Total Residential Bills for both water supply and sewerage.

Statutory and Policy Compliance Implications

Compliance with the NSW Government’s Best-Practice Management of Water Supply and Sewerage Guidelines, 2007.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Main Arm Recycled Water Scheme Expansion Possibilities

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/1206

Theme: Community Infrastructure

Sewerage Services

Summary:

This report discusses the issues associated with possible expansion opportunities of the Main Arm Recycled Water Scheme.

Council’s experience with the Byron bay Recycled Water Scheme indicates wetlands can be a significant and cost effective recycled water user. Construction of wetlands at the Brunswick Valley STP were a part of the original scope but deferred due to budget constraints.

RECOMMENDATION:

That the Committee note the report.

Report

Council are seeking to identify future options to maximise the beneficial use of recycled water from the Brunswick Valley STP, and minimise discharge into the Brunswick River.

Council have been exploring further interest for recycled water use for a number of years and are currently considering more in-depth investigations to increase recycled water use from the Brunswick Valley STP. Experience with both the Byron Bay Urban Recycled Water Scheme (BBURWS) and MARWS in the fifteen years has provided valuable hindsight to draw upon for future direction.

The Main Arm Recycled Water Scheme (MARWS) was developed with an estimated usage of 219 ML – 657 ML per year between two users. Since the scheme commenced in 2007 between 45 ML (2013) and 204 ML (2007) of recycled water has been applied for agricultural use on these two properties. Since the commission of the Brunswick Valley STP in 2011, an average of 50 ML annually has being recycled for irrigation purposes. The reduction of volume used from the original design is due to a number of factors including: high rainfall reducing the requirement for irrigation; and one of the two users failing to use their minimum requirements as per the User Agreement.

To support recipients to use higher volumes of recycled water for their farming enterprises, Council paid the electrical pumping costs for the first five years of the scheme as per the User Agreement. It is roughly estimated that the cost of pumping is around $210 per ML. Therefore electrical pumping cost will be approximately $10,000 to $110,000 depending on the volume of recycled water applied annually (calculated for 50 ML to 500 ML respectively).

Council’s experience and inquiries to date:

· Has NOT identified any significant irrigators / users along the current pipeline route for expansion of the MARWS (Main Arm)

· Has NOT identified any significant / high water use industry for recycled water use in Mullumbimby

· Recognise sporting fields and/or public toilet flushing in Mullumbimby would NOT use significant volumes of recycled water. The soils in Mullumbimby do not have the infiltration capacity of the Byron sporting fields, which will reduce the volume of recycled water sustainably applied. Nor does Mullumbimby have the tourism to support public toilet connections. It is believed these options could only achieve minimal recycled water use from the Brunswick Valley STP

To achieve Council’s aim to maximise recycled water use, then it is recommended that Council proactively consider long term projects that will see high volumes of recycled water used. Reliance on local farmers or low volume uses such as sporting field irrigation will not see significant volumes of discharge diverted from the local water ways.

A number of other councils in NSW manage a recycled water scheme to achieve 100% recycled water. To ensure the long term sustainability of the STP discharge strategy, these councils have purchased land and lease out the property for farming operations to suitable users. Two examples of Councils that have purchased land to lease for agricultural purposes as part of their recycled water strategy are provided below. Both these Councils manage STP discharges to achieve EPA Licence requirements and 100% recycled water use, with the exception of wet weather releases.

Tamworth Regional Council (TSC)

TRC developed a recycled water scheme that aims to beneficially reuse 100% of the treated effluent produced from the Westdale STP (ADWF 12 ML/day). To ensure the long term sustainability of the scheme, TRC purchased a property to lease for irrigation purposes.

The Tamworth Effluent Reuse Farm (ERF) has a total area of 1490 ha, under which 600 ha is currently actively irrigated. The ERF and the irrigation infrastructure are owned and operated by TRC. There is a formal legally binding agreement between TCR and the Leaseholder.

Nambucca Shire Council (NSC)

NSC has developed a recycled water scheme for the Bowraville Sewage Treatment Plant (STP). NSC operates the Bowraville STP (ADWF 200 kL/day) to achieve 100% recycled water reuse. In order to ensure the long term sustainability of recycled water use, NSC purchased a property in the 1990s as part of their STP discharge operations.

NSC owns the 45ha recycled water farm, which is managed through a lease arrangement and User Agreement.

For Further Consideration

The following points are recommended for consideration:

· Undertake an Investigation Study to identify potential large scale use of the recycled water. There is a considerable area of land around the Brunswick Valley STP (owned by Council) that could be investigated for recycled water application. For example:

o Constructed Wetlands – for the treatment and transpiration of treated effluent. Experience at the Byron Bay STP has identified constructed wetlands as being a significant water user

o Biofuels Production – investigations of suitable crops for the production of biochar/biofuels. This will also support the Byron Shire Low Carbon Strategy (2014) initiatives and the communities desire for alternate energy production

o ‘Mop Crop’ technology was previously trailed at the Bangalow STP for the production of hemp material due to the high water requirement

· It is not recommended Council consider paying the recipient pumping costs as part of Councils effluent management operations. While this may encourage recipients to maximise their use of recycled water, it will create a precedent for all recycled water users in the Shire which will have the potential to divert funds from the expansion of other schemes such as wetlands.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Resource Recovery Current State of Play

Directorate: Infrastructure Services

Report Author: Lloyd Isaacson, Team Leader Resource Recovery and Quarry

File No: I2016/1256

Theme: Community Infrastructure

Waste and Recycling Services