Notice of Meeting
Coastal Estuary Catchment Panel Meeting
A Coastal Estuary Catchment Panel Meeting of Byron Shire Council will be held as follows:
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Venue |
Cavanbah Centre, Ewingsdale Road, Byron Bay |
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Date |
Thursday, 30 November 2017 |
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Time |
2.00pm |
Phil Holloway
Director Infrastructure Services I2017/1822
Distributed 23/11/17
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
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Coastal Estuary Catchment Panel Meeting held on 28 September 2017
4. Staff Reports
Infrastructure Services
4.1 The State of Water Reuse................................................................................................. 4
4.2 Recycled Water Pricing.................................................................................................... 6
4.3 Tallow Creek Estuary Opening......................................................................................... 8
4.4 Belongil Estuary Opening Strategy................................................................................. 10
4.5 New Brighton Beach Scraping Project........................................................................... 15
4.6 Update on the Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE) 17
Staff Reports - Infrastructure Services 4.1
Staff Reports - Infrastructure Services
Report No. 4.1 The State of Water Reuse
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2017/1797
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
The State of Water Re-use
Discussion led by Duncan Dey
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RECOMMENDATION: That the Coastal Estuary Panel note the discussion.
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Report
NA
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 4.2
Report No. 4.2 Recycled Water Pricing
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2017/1798
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
Recylced Water Pricing
Discussion led by Duncan Dey on recycled water pricing and Council’s Connection Policy.
Question being, are prices low enough to encourage new connections?
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RECOMMENDATION: That the Coastal Estuary Panel note the item.
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Report
NA
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 4.3
Report No. 4.3 Tallow Creek Estuary Opening
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2017/1799
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
Tallow Creek Estuary Opening
Update by James Flockton on water level in Tallow Creek and natural breach of the ICOLL.
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RECOMMENDATION: That the Coastal Estuary Catchment Panel note the item for discussion.
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Report
NA
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 4.4
Report No. 4.4 Belongil Estuary Opening Strategy
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2017/1800
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
Belongil Creek Estuary Opening Strategy
Update by James Flockton on Council’s draft Request For Tender (RFT) to complete an entrance opening strategy for the Belongil Creek. Draft scope of work attached to this agenda and for comment by the Panel. Funding to come from the West Byron fund.
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RECOMMENDATION: That the Coastal Estuary Catchment Panel note the items listed for discussion. |
1 SCOPE OF
WORKS FOR THE BELONGIL ESTUARY OPENING STRATEGY, E2017/107046 , page 12⇩ 
Report
Update by James Flockton on Council’s draft Request For Tender (RFT) to complete an entrance opening strategy for the Belongil Creek. Draft scope of work attached to this agenda and for comment by the Panel. Funding to come from the West Byron fund.
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
Staff Reports - Infrastructure Services 4.5
Report No. 4.5 New Brighton Beach Scraping Project
Directorate: Infrastructure Services
Report Author: Chloe Dowsett, Coastal and Biodiversity Coordinatior
File No: I2017/1801
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
New Brighton Beach Scraping Project
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RECOMMENDATION: That the Panel note the discussion. |
Report
Chloe Dowsett will provide an update to the Panel on the New Brighton Beach Scraping Project.
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
BYRON SHIRE COUNCIL
Staff Reports - Infrastructure Services 4.6
Report No. 4.6 Update on the Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE)
Directorate: Infrastructure Services
Report Author: Chloe Dowsett, Coastal and Biodiversity Coordinatior
File No: I2017/1802
Theme: Community Infrastructure
Water Supplies
Summary:
There are no formal reports for this meeting. The following item is for discussion:
Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE)
Update on the status of the CZMP, the response received by the Minister, Council’s resolution to develop a new plan for the Eastern Precincts of the BBE for certification under the existing legislation.
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RECOMMENDATION:
That the Coastal and Estuary Catchment Panel note the item for discussion.
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Report
Update on the status of the CZMP BBE, the response received by the Minister, Council’s resolution to develop a new plan for the Eastern Precincts of the BBE for certification under the existing legislation.
A full report will be presented to 14 December 2017 Council meeting.
Financial Implications
NA
Statutory and Policy Compliance Implications
NA
