Agenda
Byron Shire Reserve Trust Committee Meeting
Thursday, 26 October 2017
held at Council Chambers, Station Street, Mullumbimby
commencing at 2.00pm
Public Access relating to items on this Agenda can be made at 2pm on the day of the Meeting. Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.
Mark Arnold
Acting General Manager
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
Byron Shire Reserve Trust Committee
1. Public Access
3. Declarations of Interest – Pecuniary and Non-Pecuniary
4. Staff Reports
Corporate and Community Services
4.1 Request for change of name to Senior Citizen's Hall Byron Bay..................................... 4
4.2 Approval Request - Corona Sunset Fesitval..................................................................... 8
Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director or Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.
Staff Reports - Corporate and Community Services 4.1
Staff Reports - Corporate and Community Services
Report No. 4.1 Request for change of name to Senior Citizen's Hall Byron Bay
Directorate: Corporate and Community Services
Report Author: Joanne McMurtry, Community Project Officer
File No: I2017/1303
Theme: Society and Culture
Community Development
Summary:
The Section 355 Management Committee for the Senior Citizen’s Hall, Byron Bay requested a change of name for the ‘Senior Citizen’s Hall’ to ‘Marvel Hall’.
This request was considered by the Reserve Trust at its 3 August meeting, resulting in the adoption of Resolution (17-309) and the public exhibition of the proposed name change.
During the public exhibition period, which closed on 8th September, fourteen submissions were received.
The Reserve Trust Committee is now requested to review the original decision based on submissions received from the public.
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RECOMMENDATION: 1. That following a review of the submissions received from the public, the Byron Shire Reserve Trust Committee decide either:
a) to retain the name ‘Senior Citizen’s Hall’ reflecting the gazetted purpose of the crown land the hall is situated on and the long established name of the facility;
OR
b) That the Senior Citizen’s Hall Byron Bay be renamed “Marvel Hall”.
2. In the event the new name is adopted, an application be prepared for submission to the Geographic Names Board for approval and registration of the name. |
1 Submissions
received re proposed change of name from Senior Citizen’s Hall to Marvell
Hall for Council report, E2017/88917
, page 6⇩ 
Report
The Section 355 Management Committee requested a change of name for the Senior Citizen’s Hall Byron Bay to ‘Marvel Hall’. This request was considered by the Reserve Trust Committee at the 3 August meeting resulting in the following resolution (17-309):
Resolved that the Senior Citizen’s Hall Byron Bay be renamed “Marvell Hall”.
a) That the name change be advertised for a period of 28 days.
b) That any submissions received be reported back to Council for consideration by Council for adoption or otherwise of the name. In the event that no submissions are received the name be adopted after the close of exhibition.
c) In the event the name is adopted, an application be prepared for submission to the Geographic Names Board for approval and registration of the name.
During the public exhibition period, which closed on 8th September, fourteen submissions were received. Three were in favour of the name change and eleven were not in favour. A summary of the submissions are provided in the attachment with personal information removed.
The Reserve Trust Committee is now requested to make a decision on whether or not to go ahead with the name change as requested by the Section 355 Management Committee.
Financial Implications
Nil implications in the change of name, however if the change of name is adopted, the committee plan to develop a logo and signage.
Community Members of Section 355 Management Committees are volunteer positions unless otherwise resolved by Council.
Income generated from the hire of these facilities is used for minor maintenance and equipment as required.
Statutory and Policy Compliance Implications
Policy 11/004 Naming of Public Places and Community Facilities Policy
Staff Reports - Corporate and Community Services 4.2
Report No. 4.2 Approval Request - Corona Sunset Festival
Directorate: Corporate and Community Services
Report Author: Mark Arnold, Director Corporate and Community Services
File No: I2017/1478
Theme: Community Infrastructure
Open Space and Recreation
Summary:
Council has been approached through Destination North Coast to consider approving the Carlton and United Brewery’s Corona Sunsets Festival on a Byron Beach on 24 February 2018. No formal temporary licence / event application has been received, but one is anticipated, pending a decision of Council as to whether or not there will be support for the event.
The proposed activity does not fall within Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves, as an Activity that can be assessed and issued a temporary licence over this reserve area, under delegated authority. The Policy states that “all other activities listed in clause 31 of the Crown Lands Regulation may be possible only by a Reserve Trust resolution”.
This is an activity that needs to be considered by the Reserve Trust under this clause of the Policy.
This matter is also reported to the Reserve Trust in accordance with part Council resolution 14 -286, ‘any applications that are not expressly referred to in the Policy will be considered at a meeting of Council’.
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RECOMMENDATION: That Council advise Destination North Coast, and through it, the organisers, that Council does not support the Carlton and United Brewery’s Corona Sunsets Festival on a Byron Beach on 24 February 2018, for reasons that:
1. The activity is not consistent with Council policy for the use of Main Beach, and
2. The activity is not in keeping with community values and community expectations for the use of prime coastal locations in the Shire.
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Report
Council has been approached via Destination North Coast to consider approving the Carlton and United Brewery’s Corona Sunsets Festival on a Byron Beach on 24 February 2018.
The Festival details and activities as proposed include:
· 5,000 to 7,000 attendees
· 10,500 square metres
· Adequate amenities
· Natural environment
· Ocean views
· Requested Byron Bay
· Facilitation of full-strength liquor licence
· Logistics:
o Heavy duty vehicle access
o Large machinery ie: crane access
o Site access from Friday 16/2/18 to 27/02/18
o Event date 24/02/18
o Sound regulations significantly reduced on event day from 1pm to 11pm
· Public transport from site
o A number of public transport options
· Accommodation options include hotel, motel, AirBNB etc
· Corona and Parley partnership which addresses Corona’s effort in reducing the oceans plastic pollution
· www.parley.tv/2017/5/5/corona-x-parley-100-islands-2020
No formal temporary licence/event application has been made to Council to date.
Notwithstanding the above, an indication from Council as to whether or not they would support this event is being sought by Destination North Coast.
This event is being organised by Carlton United Breweries and is part of an international ring of events – as such this is not a local event or promoter or even supporting local product.
If Council was of a mind to accommodate this event, Council would need to grant a temporary licence / event management approvals, and in doing so approve the use of Main Beach taking into consideration the need to:
a) Restrict the use of main beach for a 12 day period with total exclusion for the 24th of February 2018;
b) Repeal the zero alcohol on Main Beach;
c) Relax the noise control regulations to 11pm.
The above requirements would represent an extreme restriction on the community use of Main Beach and change to custom and practice for the Beach area generally, not in tune with Byron Bay use in the middle of February.
There are other event sites in the Shire able to accommodate this event if desirable by the organisers.
This report recommends Council advise Destination North Coast, and through it, the organisers, that Council does not support the Carlton and United Brewery’s Corona Sunsets Festival on a Byron Beach on 24 February 2018, for reasons that:
1. The activity is not consistent with Council policy for the use of Main Beach, and
2. The activity is not in keeping with community values and community expectations for the use of prime coastal locations in the Shire.
Financial Implications
N/A
Statutory and Policy Compliance Implications
Byron Shire Council Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves
Section 4 of Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves defines what activities Council has determined may be carried out on a coastal Crown reserve without requiring the issue of a temporary licence. These activities are:
· Emergency Services performed by recognised Emergency Service Organisations;
· Social Gatherings;
· Spreading of Ashes; and
· Volunteer Rescue Organisations – Training Days
Section 5 of this same Policy outlines what activities Council may issue a temporary licence over this area for under delegated authority. These activities are:
· Sporting Events – Organised
· Educationally based community activities
· Fundraising activities by Registered Charities
· Political Functions
· Religious Functions
· Weddings
All other activities listed in clause 31 of the Crown Lands Regulation may be possible only by a Reserve Trust resolution.
The only activities for which Council, as the Reserve Trust Manager, pursuant to Section 92 (5) of the Crown Lands Act, can issue a temporary licence under s108 of the Crown Lands Act for are the activities listed in clause 31 of the Crown Lands Regulation 2006 (NSW) (as amended from time to time). This clause, as at the date of the policy, states as follows;
“For the purpose of section 108 of the Act:
· Advertising
· Camping using a tent, caravan or otherwise
· Catering
· Entertainments
· Equestrian events
· Exhibitions
· Filming (within the meaning of the Local Government Act 1993)
· Functions
· Hiring of equipment
· Holiday accommodation
· Markets
· Meetings
· Mooring of boats to wharves or other structures
· Sales
· Shows
· Sporting and organised recreational activities
· Stabling of horses
Crown Lands Act 1989
108 Temporary licences
(1) A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.
(2) A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.
(3) A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.
(4) A temporary licence ceases to have effect on the expiration of the prescribed period after itis granted unless it is revoked sooner or is granted for a shorter period.
