Agenda of Biodiversity and Sustainability Panel 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 - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Update Biosecurity Regulation 2016

Directorate: Sustainable Environment and Economy

Report Author: Clare Manning, Natural Environment Projects and Policy Officer

File No: I2017/306

Theme: Ecology

Planning Policy and Natural Environment

Summary:

To broadly summarise the draft Biosecurity Regulation 2016 (draft Regulation) and note that the draft Regulations consolidate multiple pieces of legislation relating to biosecurity including the Noxious Weed Act 1993 following the passing of the Biosecurity Act 2015 (Act) through Parliament. The Biosecurity Act and Regulations will continue to provide specific legal requirements for state-level priority weeds and high-risk activities.

Gazettal of the draft Regulations in their current form, including mandatory requirements to eradicate noxious weeds or if that is not practicable, destroy as much of that weed as is practicable and suppress the spread of any remaining weed, is likely to have significant social, economic and environmental implications for Council. The Act and draft Regulations have triggered the need for Council to review its approach to integrated weed and pest management in the long term. Further details of this review are provided in a separate report.

RECOMMENDATION:

That the Biodiversity and Sustainability Panel:

1. Note the report on the draft Biosecurity Regulation 2016.

2. Note that staff are currently progressing an internal peer review of the draft Integrated Weed Strategy which will be presented to Council as a separate report.

3. Note Council staff are developing a Directions Document that aims to provide a draft policy framework for reducing the use of non-organic chemical based herbicide and pesticide on Council land in the long term.

Report

Fourteen separate pieces of legislation including the Noxious Weed Act 1993 have been wholly repealed with the passing of the Act. The Act and Regulations will continue to provide specific legal requirements for state-level priority weeds and high-risk activities.

Prohibited Matter

Prohibited Matter is listed in Schedule 2, Part 1 of the NSW Biosecurity Act 2015 and is aimed at prevention. This list includes weeds that are nationally targeted for eradication and which are not presently in NSW.

Control Orders

Weed Control Order 2017 (Part 6 Division 1) under the NSW Biosecurity Act will include weeds that are subject to a Control Order for the purpose of eradication. Control Orders will be proposed as required to address subsequent eradication campaigns where appropriate.

Biosecurity Zones

Biosecurity Zones are listed in Part 5 of the draft Biosecurity Regulation 2016. These zones are created to allow on-going ‘strategic’ management. Zones are aimed at containment. However, each species may be subject to recommended measures tailored by the region either within the zone or outside it. A bitou bush biosecurity zone has been identified between Cape Byron and the Queensland-New South Wales boarder. Eradication of the weed or if that is not practicable, destroy as much of the weed as is practicable and suppress the spread of any remaining weed will be mandatory.

Mandatory Measures

Mandatory Measures are listed in Division 8 of the draft Biosecurity Regulation 2016. They are used where specific action is required to mitigate the biosecurity risk to protect an asset e.g. Endangered Ecological Community or threatened species. The mandatory measures include prohibition on certain dealings - including Weeds of National Significance (Clause 29), parthenium weed carriers - machinery and equipment (Clause 31) and duty to notify of importation of plants into the state (Clause 30). Nine (or 33%) of the weed species under Mandatory Measure are found in the Byron Shire.

Byron Shire has extremely high biodiversity at the ecosystem, species and genetic levels with fertile soils and high rainfall. The Shire is centred in the Wet Subtropics Bioregion, an area of great ecological significance. This is one of the richest and most diverse regions for fauna and flora in Australia. Indeed, Byron Shire supports amongst the highest number of threatened species in New South Wales. Approximately 70 plant species and 90 animal species recognised as vulnerable or endangered are known to occur in the Byron Shire. Unfortunately, with fertile soils and high rainfall means that Byron Shire is one of the most weed infested regions in the country (diversity, density, and distribution) couple with significant issues associated with land degradation and fragmentation.

Social, Economic and Environmental Implications

If adopted, the Regulation is likely to have significant social, economic and environmental implications for Council, particularly in light of Council’s aspirational goal of ceasing the use of all non-organic chemical based herbicides and the repetitive use of all non-organic chemical pesticides (Resolution 13-621).

In the absence of detail in the draft Regulations, Council staff made a submission to the NSW Department of Primary Industries. Council staff had concerns about the ambiguous use of terminology such as the mandatory requirements to eradicate the said weed or if that is not ‘practicable’, destroy as much of the weed as is ‘practicable’. This use of terminology is open to interpretation and potentially risks an outcome where landowners undertake no works to eradicate the said weed or suppress the spread of any remaining weed on their land.

More significant are the financial implications to an owner or occupier of land in a biosecurity zone and/or with mandatory measures. Recent case studies in the Byron Shire have shown that reverting to hand-weeding (as part of the transition to a non-organic herbicide-free approach) can be equally effective to the use of non-organic herbicide. However, alternative methods can result in an approximate 8-fold increase in labour to control a weed infestation and/or increase soil disturbance that can result in new weed and more invasive weed infestations. Over time this can lead to reduced biodiversity outcomes and potentially increase occupational health risks. Nonetheless, since Council’s Resolution 13-621, Council has reduced the use of non-organic chemical based herbicides over the last 3-years but details are yet to be reported.

Conclusion

In response to (i) the Biosecurity Act and Regulations and (ii) Resolution 13-621 Council staff are currently reviewing its position with respect to the use of all non-organic chemical based herbicides and the repetitive use of all non-organic chemical pesticides and reviewing draft Integrated Weed Management Strategy. The review process will lead to a Directions Document that aims to provide a draft policy framework for reducing the use of non-organic chemical herbicide and pesticide on Council land in the long term. Such a framework will recognise the need to minimise the use of non-organic herbicides and pesticides and combine or promote alternative methods that are sustainable and practical for the situation, but also consider current legislative requirements in the responsible control of weeds and pests.

As part of integrated weed and pest management approach Council staff are committed to providing a safe and healthy environment.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Integrated Weed Management Strategy Document Review

Directorate: Sustainable Environment and Economy

Report Author: Clare Manning, Natural Environment Projects and Policy Officer

File No: I2017/330

Theme: Ecology

Planning Policy and Natural Environment

Summary:

In response to the Biosecurity Act and Regulations and Resolution 13-62, an Integrated Weed & Pest Management Working Group has been re-established. The Working Group are currently reviewing Council’s position with respect to the use of non-organic chemical based herbicides and the repetitive use of all non-organic chemical pesticides, with the draft Integrated Weed Management Strategy.

The key to minimising the risks and maximizing the efficiency and effectiveness of the document review process is to undertake a defensible process based on weed and pest management experience, sound project management and regulatory requirements.

The review process will lead to a Directions Document that aims to provide a draft policy framework for reducing the use of non-organic chemical herbicide and pesticide on Council land in the long term, as part of an integrated approach to weed and pest management.

RECOMMENDATION:

That the Biodiversity and Sustainability Panel:

1. Note the review process to be undertaken by the Integrated Weed & Pest Management Working Group.

2. Provide feedback on the first draft Directions Document in due course.

Report

Council are committed to integrated weed and pest management practices that make social, economic and environmental sense.

In response to the Biosecurity Act and Regulations and Resolution 13-621, an Integrated Weed & Pest Management Working Group (Working Group) has been re-established. The Working Group is represented by Council staff from Open Spaces, Infrastructure Services, Sustainable Environment and Economy and Landcare. The Working Group are currently reviewing Council’s position with respect to the use of non-organic chemical based herbicides and the repetitive use of non-organic chemical pesticides, together with the draft Integrated Weed Management Strategy (draft Strategy).

The Working Group is being lead by Council’s Biodiversity Officer. Prior to commencing the review, the Working Group considered and agreed on a Schedule of Works that was created to define and document the review process (e.g. scope, format, limitations, responsibilities, etc).

As part of the Schedule of Works the concept of a Directions Document was considered by the Working Group, including its proposed content and scope. The feedback was considered and reflected in the reviewed document by the Biodiversity Officer. The Directions Document will aim to provide a more strategic approach to integrated weed and pest management and outcomes. This will include how to continue minimising the use of non-organic chemical based herbicides and pesticides on Council land but also consider current legislative requirements in the responsible control of weeds and pests.

The Directions Document does not seek to prescribe when and where Council can undertake weed and pest management, nor does it provide a basis for authorising weed and pest management operations to be undertaken in a specific circumstances or location.

In addition to feedback provided by the Working Group, the development of the Directions Document will be informed by:

· a review of the current draft Strategy;

· consideration of integrated weed and pest management policies developed by councils nationally and internationally;

· data on Council’s reduced use of non-organic chemical herbicide in the three years post-Resolution 13-261;

· consideration of alternative approaches being applied in Byron Shire, including the financial implications and resulting change to levels of service; and

· a review of new legislation (namely the proposed Biosecurity Act and Regulations).

The Working Group will seek feedback from the Biodiversity and Sustainability Panel (Panel) on the first draft Directions Document. Their feedback will be considered and reflected in the final Directions Document.

The final document will then be presented to Council for endorsement as a policy framework to inform an integrated approach to weed and pest management.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.3

Report No. 4.3 Byron Shire Flying Fox Camp Management Plan

Directorate: Sustainable Environment and Economy

Report Author: Clare Manning, Natural Environment Projects and Policy Officer

File No: I2017/456

Theme: Ecology

Planning Policy and Natural Environment

Summary:

Community complaints regarding the noise and smell of flying foxes on residents, businesses and schools have increased by 150% over the 2016/17 period, particularly from the Bangalow and Byron Bay communities.

To respond proactively and to ensure full engagement and support of the community, Council has received a $15,000 NSW Government grant to help manage the impacts of flying fox colonies in Byron Shire. The NSW Government Flying Fox Grant Program is established to help councils manage flying fox camps in their areas, consistent with the Office of Environment and Heritage (OEH) Flying Fox Camp Management Policy 2015 (Policy), guidelines and management plan template.

As part of the Funding Agreement, Council committed funds and in-kind contributions on a 1:1 basis to prepare the Byron Shire Flying Fox Camp Management Plan which will address the impact of flying fox colonies located in Mullumbimby, Bangalow, Byron Bay and Suffolk Park. The existing Mullumbimby Flying Fox Camp Action Plan, which has been substantially implemented, will be incorporated into the Plan thereby complying with the OEH Policy and enabling access to OEH grants to implement outstanding actions.

When the Plan is endorsed by OEH, Council is eligible to apply for up to $50,000 to implement the Plan’s actions.

RECOMMENDATION:

1. That the Biodiversity and Sustainability Panel note the report.

Attachments:

1 Letter from NSW Government Office of Environment & Heritage with request for OEH Comments - Mullumbimby Flying-fox Camp Management Actions, S2016/15361 , page 13⇩

Background

Within Byron Shire there are twelve individual flying fox camps, of which five of the camps are regularly monitored as part of the National Flying Fox Monitoring programme (NFFMP). The NFFMP is focused primarily on monitoring the threatened Grey-headed and Spectacled Flying-fox populations; however counts of Black and Little Red Flying Foxes are also undertaken. The monitoring programme includes four censuses per year. The NFFMP is coordinated by CSIRO and Department of Environment, with additional resources and support from relevant state governments.

Through participating in the NFFMP, Council have been able to track the extent of each camp and population size at Mullumbimby, Bangalow, Suffolk Park and two camps within Byron Bay (located on Butler Street and Middleton Street). As a result of changes to camp morphology and increasing community complaints, Council proactively applied for a grant to prepare a management plan in accordance with the OEH Policy to address the impacts to residents from these five flying fox camps in Byron Shire.

Mullumbimby

In 2015, following complaints regarding the impacts of flying foxes on neighbouring Mullumbimby residents, Council resolved (15-181) to allocate $20,000 towards the preparation of the Mullumbimby Flying Fox Camp Action Plan (Action Plan) and further resolved (15-574) to allocate an additional $13,300 to the Action Plans implementation.

Several of the plans key actions have been successfully implemented including the creation of dwelling buffers, vegetation manipulation and installation of interpretive signage. These actions together with ongoing communication with local residents, specifically the Mullumbimby Bat Camp Resident Action Group have reduced complaints.

On 4 October 2016, Council sought feedback on the Action Plan from the OEH. Council requested their advice on how to transition the Action Plan to a flying fox camp management plan so that the Action Plan could be endorsed by OEH. OEH reviewed the Action Plan and in summary noted, although the Action Plan partially complied with the content and structure of a flying fox camp management plan, it was limited in some of the essential detail. These limitations relate in part to the transition from an operational document to a structured management plan. In order to accord with the OEH Policy, guidelines and management plan template, more information is required, as set out in their letter at Attachment 1. The Action Plan will be reviewed in accordance with the OEH advice and incorporated into the new Plan.

At Mullumbimby, there was a rapid increase of flying foxes in the summer of 2014/15 from <200 to 5680. It was this increase that led to the development of the Action Plan. In 2015/16, the average abundance of flying foxes was 1594, while in 2016/17 the average abundance is 2705 to date; an increase of 70%. The decline in abundance in 2015/16, compared to 2014/15, corresponds to the implementation of management actions, however overtime there is a seasonal peak occurring between March and May coinciding with the mating period.

Bangalow

Records show that since Council staff first observed the camp at Bangalow in 2010/11, the camp has been intermittently occupied. During 2015/16, the average abundance of flying foxes was 1187, while during 2016/17 the average abundance is 1521 to date, although on 16 February 2017, the camp recorded its highest abundance of 2088 flying foxes. A Review of Environmental Factors was completed in 2015 to establish a buffer for affected residents. Some remedial pruning and the removal of two camphor laurel trees has since been completed.

The increase in abundance 2016/17 also coincides with significant increase in residential complaints and, in part, with the mating period. Council staff has met with several local residents to discuss their concerns.

Byron Bay

In Byron Bay, the Butler Street camp had been largely deserted since 2013/14, however in May 2016, 3000 flying foxes were momentarily recorded, before the camp was abandoned and no flying foxes have been recorded since. At present there is a natural buffer between residents and the camp, so no immediate management is required, however if the camp was to re-establish to the numbers recorded in May 2016, the camp is likely to impact on local residents.

Also in Byron Bay, a camp immediately adjacent to the Byron Bay Court House on Middleton Street was first observed by Council staff in 2012/13. Since February 2016, the average abundance of flying foxes is 588. Like other camps, this camp was intermittently occupied until recently where their continued presence coincides with a 100% increase in residential and business complaints and, in part, with the mating period. Council staff has met with several local residents and businesses to discuss their concerns.

Byron Shire Flying Fox Camp Management Plan

To respond proactively and to ensure full engagement and support of the community, there is a need to develop a Byron Shire Flying Fox Camp Management Plan (Plan). While the issues of noise, smell and defecation are the main issues of concern, the level of severity and the appropriate management options available vary across camps.

The Plan will be consistent with the OEH Policy, guidelines and management plan template.

Consultation

The broad milestones for the delivery of the Plan by 30 June 2017, as required by the grant conditions, are as follows

Milestone	Completion by
Stage 1
Engage Consultants	Complete
Stage 2
Relevant information and data provided to consultancy service by Council	Complete
Community engagement planning and process agreed and approved by Council and the Consultant	21 April 2017
Background assessment complete	28 April 2017
Ecological values assessment complete aimed to identify suitable management actions for each camp	28 April 2017
Community Engagement	12 May 2017
Stage 3
Continued liaising with key stakeholders and community on draft Plan	26 May 2017
Submission of final draft Plan	26 May 2017
Stage 4
Review and consider feedback from Council on final draft Plan	2 June 2017
Submission of Final Plan	23 June 2017

Currently, the Plan is ahead of schedule and on budget.

The development of the Plan will involve community engagement, including but not limited to an online survey and community meetings. To provide an opportunity for residents to inform the draft Plan, community meetings have been scheduled between 6-8pm for a 6.30pm start, as follows:

· 2 May 2017 Bangalow Bowling Club

· 3 May 2017 Council Chambers, Mullumbimby

· 10 May 2017 Cavanbah Centre Room 1, Byron Bay

· 11 May 2017 Broken Head Community Hall, Broken Head

Members of the Biodiversity & Sustainability Panel are encouraged to attend the meetings. The meetings will be supported by representatives from Council, GeoLink (consultants), OEH, Department of Primary Industries including the Biosecurity Unit and Crown Land

The draft Plan is expected in late May/early June at which time feedback on the draft will be sought from the community and the Biodiversity & Sustainability Panel.

Financial Implications

Council has received a $15,000 NSW Government grant to help prepare the Plan.

As part of the Funding Agreement, Council committed funds and in-kind contributions on a 1:1 basis. The Plan will address the impact of flying fox colonies located in Mullumbimby, Bangalow, Byron Bay and Suffolk Park.

When the Plan is endorsed by OEH, Council is eligible to apply for up to $50,000 to implement the Plan’s actions.

Statutory and Policy Compliance Implications

The Plan will be consistent with the OEH Policy, guidelines and management plan template.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 27 April 2017
Time	9.00am