Agenda of Byron Shire Floodplain Risk Management Committee Meeting

Notice of Meeting

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Byron Shire Floodplain Risk Management Committee Meeting

A Byron Shire Floodplain Risk Management Committee Meeting of Byron Shire Council will be held as follows:

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 12 October 2017
Time	2.00pm

Phillip Holloway

Director Infrastructure Services I2017/1465

Distributed 05/10/17

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

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 March 2017 Flood Event

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2017/1156

Theme: Community Infrastructure

Emergency Services and Floods

Summary:

Consultant BMT WBM have prepared a draft review of the March 2017 flood event. The draft report is provided to the committee for information and discussion.

RECOMMENDATION:

That the committee note the report

Attachments:

1 BMT WBM Draft March Flood Review for Ex-Tropical Cyclone Debbie, E2017/92742 , page 7⇩

Report

Council have engaged Consultant BMT WBM to prepare a review of the March 2017 flood event. The draft report is provided to the committee for information and discussion.

This document will be used by the successful tenderer completing the North Byron Floodplain Risk Management Study and Plan. The first task for the consultant will be to review the March 2017 flood event report and complete a peer review of Councils flood model.

The peer review will include using the March 2017 flood event to verify the existing calibration of the model. Recommendation to change the model to improve calibration may come out of this review.

Financial Implications

No financial implications.

Statutory and Policy Compliance Implications

No statutory or policy implications.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1 - Attachment 1

PDF Creator

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 North Byron Floodplain Risk Management Study and Plan Tender

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2017/1356

Theme: Community Infrastructure

Emergency Services and Floods

Summary:

Council staff have prepared the draft technical brief for the North Byron Floodplain Risk Management Study and Plan. The draft brief is provided to the committee for information and discussion.

RECOMMENDATION:

That committee note the North Byron Floodplain Risk Management Study and Plan technical brief (#E2017/92200).

Attachments:

1 DRAFT OEH Technical Brief for Request for ~ North Byron Floodplain Risk Management Study and Plan Tender, E2017/92200 , page 23 ⇩

Report

Council staff have prepared the draft technical brief for the North Byron Floodplain Risk Management Study and Plan. This document will be attached to the formal tender and contract documents which will be placed out on public tender.

The draft technical brief is provided to the committee for information and discussion. Changes can be made following discussion with the committee. Staff do not intend to report the technical brief to Council because this would extend the procurement beyond 2017.

The proposed deadlines for the tender are as follows.

· 18^th October 2017 - Upload tender documents and approve advertising

· 13^th November 2017 – Tender closes

· 22^nd November 2017 – Council report to director for approval

· 14^th December 2017 – Council consider tender results and award tender

· 20^th December 2017 – Award contract

· 15^th January 2018 – Project commencement

Financial Implications

There are currently no financial implications. Implication will commence once the tender is placed on exhibition.

Statutory and Policy Compliance Implications

Floodplain Management Plans must be prepared in accordance with State Government Policy. The NSW Floodplain Development Manual 2005 is the current policy used by State Government for the preparation of such documents. OEH is the State Government Department responsible for ensuring all flood related documents are prepared in accordance with the manual.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2 - Attachment 1

PDF Creator

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Introduction to the Floodplain Risk Management Process

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2017/1360

Theme: Community Infrastructure

Emergency Services and Floods

Summary:

The Byron Shire Floodplain Risk Management Committee has a number of new community members. This report is provided as an introduction the floodplain risk management process.

RECOMMENDATION:

That the committee note the report.

Report

The Byron Shire Floodplain Risk Management Committee has a number of new community members. This report is provided as an introduction the floodplain risk management process.

The NSW Floodplain Development Manual 2005 (the manual) is a document prepared by the NSW government and is available at http://www.environment.nsw.gov.au/research-and-publications/publications-search/floodplain-development-manual

The manual provides a prescriptive method to floodplain risk management and places various responsibilities on NSW Council’s. The flow chart below shows the process which Council is to follow. The floodplain risk management committee are shown at the top as overseeing the

floodplain risk management process.

Within the Brunswick River, Council has already completed and adopted the data collection and flood study phases of the process previously under a previous committee. This resulted in the North Byron Flood Study 2016.

Floodplain Management Plans have also previously been adopted for Tallow and Belongil Creeks. The Brunswick River is the only catchment in Byron Shire that does not have an up to date management plan. The Brunswick River includes Marshalls and Simpsons Creeks, therefore the urban areas of Mullumbimby, Billinudgel, South Golden Beach, New Brighton, Ocean Shores and Brunswick Heads are all covered by North Byron Floodplain Risk Management Study and Plan.

The role of the current Byron Shire Floodplain Risk Management Committee is to oversee the completion of the North Byron Floodplain Risk Management Study and the North Byron Floodplain Risk Management Plan.

Both documents have been combined into the project titled North Byron Floodplain Risk Management Study and Plan and will be completed as one project. This is standard practice across the state.

According to the manual the Plan Implementation stage cannot commence until North Byron Floodplain Risk Management Plan has been adopted by Council.

The Office of Environment and Heritage (OEH) are the state government agency tasked with overseeing the floodplain risk management process. Staff from the department sit on the committee, provide support to the committee and review all documents prepared at each stage of the floodplain risk management process.

It is recommended that the committee consider obtaining further detailed information by downloading the manual as referenced above.

Financial Implications

No financial implications.

Statutory and Policy Compliance Implications