Notice of Meeting

 

 

 

 

 

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Coastal Estuary Catchment Panel Meeting

 

 

A Coastal Estuary Catchment Panel Meeting of Byron Shire Council will be held as follows:

 

Venue

Cavanbah Centre, Ewingsdale Road, Byron Bay

Date

Thursday, 16 March 2017

Time

2.00pm

 

 

 

 

 

 

 

Phil Warner

Acting Director Infrastructure Services                                                                               I2017/314

                                                                                                                                    Distributed 07/03/17

 

 


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

Coastal Estuary Catchment Panel Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

4.    Staff Reports

Infrastructure Services

4.1       Capacity Assessment Belongil Creek Drainage System.................................................. 4   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   4.1

 

 

Staff Reports - Infrastructure Services

 

Report No. 4.1             Capacity Assessment Belongil Creek Drainage System

Directorate:                 Infrastructure Services

Report Author:           Peter Rees, Manager Utilities

File No:                        I2017/296

Theme:                         Community Infrastructure

                                      Sewerage Services

 

 

Summary:

 

The purpose of this report is to inform the Panel of the outcome of the Capacity Assessment of the Belongil Creek Drainage System. At the ordinary Council meeting on 1 December 2015 Council resolved 15-674 (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.          (Dey/Hunter)

 

This report presents the findings of the 12 month study undertaken by a consortium of Australian Wetlands and BMT WBM – both companies who have acknowledged expertise of the Belongil Catchment.

 

The study therefore was implemented to both identify the sustainable capacity of the Belongil Creek drainage system and the most viable flow paths through the catchment. The main recommendation resulting from this study is to provide an alternative effluent release pathway via Option 2 – release into the Industrial Estate drain.

 

Utilising this pathway protects and enhances the current environmental aspects of the catchment at flows that will permit an upgrade of the existing BBSTP to the recommended 10 ML/day if the expansion is approved by Council. It also provides opportunity to rehabilitate the Byron Arts and Industrial Estate stormwater drainage system in accordance with water sensitive urban design principles.

 

While the results of the investigations presented in this report support an alternative effluent release pathway, it is advised that some degree of discharge from the existing release point (EPA 4) continues. This continued discharge is required to ensure that acidic runoff off events and/or peat fires do not occur within the upper drainage catchment - as have occurred in the past.

 

A number of short term field actions can be implemented immediately to potentially reduce inundation depth, frequency and duration of land west of the BBIWMR:

 

·    Remove concrete lip north of pipes draining the upper Union Drain on Ewingsdale Road,

·    Ensure pipes draining the upper Union Drain on Ewingsdale Road are inspected after every decent rainfall events, and cleaned if capacity is impacted by >20%,

·    Reduce the weir level from EPA 4 drain within BBIWMR by 100mm or to a level which ensures limited inundation of land west of the Cavanbah Centre, and

·    Block drain to the northwest of the irrigation area, ensuring all water draining the BBIWMR  moves south.

 

These are operational matters that can be implemented immediately.

 

Additional short term planning actions are also recommended:

 

·    Commence development of feasibility plans including negotiations with State Government agencies and regulators to open up the recommended Option 2 effluent flow path through the Industrial Estate drain. These plans to include requirements for water sensitive urban design drainage and community pathways linking the Byron Bay Integrated Water Management Reserve with the Industrial Estate and the broader Belongil Catchment. The plans to include detailed costs.

·    Commence feasibility studies for the recommended Byron Bay Sewage Treatment Plant 2025 augmentation to 10 ML/day.

·    Include an easement over Lot 12 Bayshore Drive to ensure the feasibility of this option into the future. The cost of the easement including opportunity cost to be reimbursed to the General Fund from the Sewer Fund.

  

 

RECOMMENDATION:

1.    That Council commence the development of feasibility plans including negotiations with State Government agencies and regulators to open up the recommended Option 2 effluent flow path through the Industrial Estate drain.

 

2.    That Council commence feasibility studies for the recommended Byron Bay Sewage Treatment Plant 2025 augmentation to 10 ML/day.

 

3.    That Council include an easement over Lot 12 Bayshore Drive to ensure the feasibility of option 2 effluent flow path through the Industrial Drain into the future. The cost of the easement including opportunity cost to be reimbursed to the General Fund from the Sewer Fund.

 

Attachments:

 

1        Capacity Assessment of the Belongil Creek Drainage System Report No 16722b_ByronSTP_AlternativeFlowPath_BSC_opt, E2017/13761 , page 9  

 

 


 

Report

 

Council has been negotiating with adjoining Byron Bay STP (BBSTP) landowners and implementing a data collection programme in accordance with Council resolution 15 - 236 since March 2015.  Negotiations and the data collection programme reached a point where it was necessary to implement a detailed study to identify and implement alternative and possibly complementary alternative flow paths for the STP effluent as a part of the possible future BBSTP upgrade.

 

Council had previously completed a study that showed the STP is currently operating at 72% capacity and is projected to reach design capacity (in terms of average dry weather flow) indicatively by 2025. 

 

A necessary precursor to considering sewage treatment capacity beyond 2025 is the identification and implementation of alternative effluent flow paths both inside and outside the Belongil catchment that ensures the environmental aspects of the catchment as a whole continue to improve.

 

The capacity assessment study therefore was implemented to both identify the sustainable capacity of the Belongil Creek drainage system and the most viable flow paths through the catchment. The main recommendation resulting from this study is to provide an alternative effluent release pathway via Option 2 – release into the Industrial Estate drain.

 

Utilising this pathway protects and enhances the current environmental aspects of the catchment at flows that will permit an upgrade of the existing BBSTP to the recommended 10 ML/day; and provides opportunity to rehabilitate the Byron Arts and Industrial Estate stormwater drainage system in accordance with water sensitive urban design principles.

 

While the results of the investigations presented in this report support an alternative effluent release pathway, it is advised that some degree of discharge from the existing release point (EPA 4) continues. This continued discharge is required to ensure that acidic runoff off events and/or peat fires do not occur within the upper drainage catchment - as have occurred in the past.

 

A detailed Environmental Monitoring Plan, complete with triggers and actions is required to inform the delivery of the alternative effluent release pathway. This monitoring plan will provide guidance on the incremental decrease of effluent at EPA 4, and the incremental increase of effluent release to Option 2.

 

The plan will outline key environmental variables to measure, frequency of data collection and triggers which will guide the further increase/decrease of effluent at the two proposed discharged locations (existing and Option 2). While this report supports the provision of an alternative release pathway, the timeframe to implement this is undecided.

 

Nevertheless, numerous short term field actions can be implemented immediately to potentially reduce inundation depth, frequency and duration of land west of the BBIWMR:

 

·    Remove concrete lip north of pipes draining the upper Union Drain on Ewingsdale Road,

·    Ensure pipes draining the upper Union Drain on Ewingsdale Road are inspected after every decent rainfall events, and cleaned if capacity is impacted by >20%,

·    Reduce the weir level from EPA 4 drain within BBIWMR by 100mm or to a level which ensures limited inundation of land west of the Cavanbah Centre, and

·    Block drain to the northwest of the irrigation area, ensuring all water draining the BBIWMR  moves south.

 

 

Based on this report staff also recommend the following additional short term planning actions:

 

·    Commence development of feasibility plans including negotiations with State Government agencies and regulators to open up the recommended Option 2 effluent flow path through the Industrial Estate drain. These plans to include requirements for water sensitive urban design drainage and community pathways linking the Byron Bay Integrated Water Management Reserve with the Industrial Estate and the broader Belongil Catchment. The plans to include detailed costs.

·    Commence feasibility studies for the recommended Byron Bay Sewage Treatment Plant 2025 augmentation to 10 ML/day.

·    Include an easement over Lot 12 Bayshore Drive to ensure the feasibility of this option into the future.

 

Financial Implications

 

The short term field actions are funded from the sewer operational budget.

 

The recommended planning action will be required to be funded from Sewer s64 funds allocated against the 2025 Byron Bay Sewage Augmentation project.

 

Statutory and Policy Compliance Implications

 

Delivery Program Strategy CI1.5 - Provision of water, sewerage and stormwater infrastructure and capacity for future generations.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 1


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1