Date Adopted by Council

24/6/2010

Resolution No.

10-462

Policy Responsibility

Sustainable Environment & Economy Corporate Management

Review Timeframe

To be reviewed within 12 months of next Local Government Election

Last Review Date:

July 2017December 2012

Next Scheduled Review Date

January 2021October 2016

Doc No.

Date Amended

Details Comments eg Resolution No.

DM1006408

24/6/2010

Adopted Ordinary meeting Res 10-462

E2012/12765

6/12/2012

Reported to Council Res 12-939 - Draft Policy on Exhibition Advert E2012/27625

E2013/12131

20/2/2013

After close of exhibition, no submissions received. Forwarded to Director General for concurrence in accordance with Res 12-939 Point 3.

E2013/12131

14/4/2014

Director General’s Approval S2014/4363 Section 162 Consent

E2016/83973

5/07/2017

Reviewed and amended for Council report to Ordinary Meeting of 4 August 2017.

Related Legislation*

Section 68 Local Government Act 1993

Local Government Act, 1993 - particularly Chapter 7

Local Government (General) Regulation 2005

Local Government (Water Services) Regulations 1999

The Environmental Planning and Assessment Act, 1979

The Environmental Planning and Assessment Regulation 2000

Planning for Bushfire Protection 2006

Building Code of Australia

Byron Shire Council Local Environmental Plan.

Related Policies

Byron Shire Council Policies (various, as adopted by Council)

Related Procedures/ Protocols, Statements, documents

Note: - These exemptions have been granted consent (Consent No.93) by the Chief Executive of the Division of Local Government Department of Premier and Cabinet on the 12 August 2010
24/4/2013 #S2013/5808 Department Premier & Cabinet Division of Local Government Consent No. 97
22/4/2014 #S2014/4363 Department of Planning and Infrastructure Consent Section 162

POLICY TITLE

LOCAL APPROVALS

SECTION 68 PART A1

Install a manufactured home, moveable dwelling or associated structure on land

Install a manufactured home, moveable dwelling or associated structure on land.

(Item A1 of Table to Section 68)

i)    The installation of a relocatable home or associated structure is on a dwelling site within a caravan park as long as it is designed, constructed and installed in accordance with the relevant requirements of Division 4 of the Regulation.

ii)    A caravan, tent or annexe is installed on a dwelling site within a caravan park in accordance with the requirements of Division 5 of the Regulation.

iii)   A campervan is installed on a dwelling site within a caravan park or camp site within a camping ground.

iv)   The installation of not more than 2 caravans,  campervans or tents on any land not occupied for more than 2 days at a time and not more than 60 days (in total) in any single 12 month period.

v)   The installation of not more than 1 caravan or campervan on land occupied by the owner in connection with the owner’s dwelling-house if it is used for habitation only by the owner or the owner’s household and is maintained in a safe and healthy condition.

vi)   The installation of a caravan or campervan on pastoral or agricultural land occupied seasonally by persons employed in pastoral or agricultural operations on the land.

vii)  The installation of a caravan, campervan or tent on Crown Reserves or on land that is reserved or dedicated under the Forestry Act, 1916.

Exemptions are permitted by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

Section 68 of the Local Government Act 1993 prohibits a person from installing a moveable dwelling or associated structure on land without prior approval of Council, except in so far as the Regulations (and any other instruments) allow the moveable dwelling or associated structure to be installed without that approval.

SECTION 68 PART B1

Carry Out Water Supply Work

Carry out water supply work.

(Item B1 of Table to Section 68)

i)    Any water supply work undertaken by Council or an agent of Council at the specific request of Council

ii)    Minor extension or alteration of existing residential or rural water supply service, that does not include additional fixtures and is not associated with a Home Business, Home Occupation or Home Industry. The works are isolated from any public water supply and fire services, comprising such works as relocation of taps, installation of water storage tanks not requiring the consent of Council, residential garden irrigation works and rural irrigation works utilising a private water supply.

iii)   The repair or replacement of damaged / leaking plumbing in an emergency.

iv)   Water supply work is to comply with the Deem to Satisfy Provisions of the Plumbing Code of Australia and Council requirements.

v)   Any drinking water supply to meet Australian National Health and Medical Research Council’s Guidelines for Drinking Water.

ii) Minor extension of existing residential or rural water supply service, that is isolated from any public water supply and fire services, comprising such works as relocation of taps, installation of water storage tanks not requiring the consent of Council, residential garden irrigation works and rural irrigation works utilising a private water supply.

iv) Water supply work is to comply with the Plumbing and Drainage Code of Practice.

Any water supply drawn from a river, creek, bore or the like may require separate approval from the Department of Natural Resources prior to the carrying out of water supply works.

NOTE:

Water drawn from a river, creek, bore or other natural waters are unlikely to comply with the safe drinking water standards set down by the Australian National Health and Medical Research Council’s Guidelines for Drinking Water, unless appropriate treatment and management processes are in place.

A Certificate of Commencement of plumbing works and Certificate of Completion of plumbing works are required.

SECTION 68 PART B2

Draw water from a council water supply or a standpipe or sell water so drawn

Draw water from a Council water supply or a standpipe

(Item B2 of Table to Section 68)

An employee of Council acting in the course of his or her employment may draw water from a water supply system or standpipe without prior approval of the Council

The Local Government (General) Regulation 2005 Division 3 Subdivision 3 provides for this exemption

SECTION 68 PART B4

Carry out sewerage work

Carry out sewerage work

(Item B4 of Table to Section 68)

i)    Any sewerage work undertaken by Council or an agent of Council at the specific request of Council

ii)    Extension or alteration of existing residential sanitary plumbing and drainage system, that is not associated with a Home Business, Home Occupation or Home Industry. The works are not to include additional fixtures, comprising such works as relocation of fixtures within an approved room

iii)   The repair or replacement of damaged / leaking plumbing in an emergency.

iv)   Sewerage work is to comply with the Deem to Satisfy Provisions of the Plumbing Code of Australia and Council requirements.

v)   The connection of swimming pool water and backwash where connected to the existing yard gully incorporating a 100mm air gap with all plumbing works to comply with AS 3500.2  – National Plumbing and Drainage Code.  (Section 10.9 & figure 10.2)

vi)   Pool filter cartridge systems that do not require back washing are exempt

A certificate of commencement of plumbing works, Sewer Service Diagram and Certificate of Completion of plumbing works are required.

Exemption is limited to connections to an existing yard gully.

SECTION 68 PART B5

Carry out stormwater drainage work

Carry out stormwater drainage work.

(Item B5 of Table to Section 68)

i)    Relates to residential construction for single dwellings and associated structures only.

ii)    Relates to the repair or replacement of existing stormwater drainage lines including guttering and downpipes.

iii)   New stormwater drainage works servicing a maximum roof area of 300 m²  where:

            Drainage lines are to be connected to the street drainage system where the fall permits. Connection to the street drainage is to be via Council approved stormwater connectors.

iv)   Absorption trenches shall be a minimum 1 m³ in volume for every 50 m² of roof area or part there of . Absorption trenches shall be located parallel to the ground contours at least 3 metres from any building or property boundary.

v)   Drainage work to comply with AS/NZS 3500.3.2-Stormwater Drainage – 2003, and work must comply with the performance criteria of Council’s Development Control Plan for Stormwater Management. (Note: - Downpipes are to be spaced at no greater than 9 metre centres).

vi)   Repair or replacement of existing stormwater drainage lines including guttering and downpipes.

vii)  New stormwater drainage works complying with conditions of a development consent and the plans and/or specifications attached to a Construction Certificate (except in relation to a Construction Certificate for Subdivision Works not issued by Byron Shire Council), or Complying Development Certificate, or the activity is in conjunction with exempt development under the provisions of the Environmental Planning and Assessment Act.

viii) Drainage work to comply with AS/NZS 3500.3:2015 Plumbing and drainage Stormwater drainage, the prescriptive measures of Council’s Development Control Plan relating to Stormwater Management, and the requirements of Council’s Guidelines for Stormwater Management.

ix)   All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  Public liability insurance cover, for a minimum amount as specified by council, is to be obtained and maintained for the duration of the construction of the works. Council is not held responsible for any negligence caused by the undertaking of the works.

Separate approval will be required under Council’s Tree Preservation Order prior to the removal of any trees required as a result of drainage works.

Separate approval may be required prior to the removal, lopping or pruning of any trees required as a result of stormwater drainage works (refer Council’s Development Control Plan for Preservation of Trees and Other Vegetation).

Separate approval will be required under Section 138 of the Roads Act 1993 for works and structures on a public road.

Separate approval will be required under Section 68 of the Local Government Act 1993 for the connection of stormwater drainage to a stormwater channel or pipeline under the control of Council (refer Item B6 of Table to Section 68 and below).

SECTION 68 PART B6

Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

(Item B6 of Table to Section 68)

i)     Relates to stormwater drainage work only that connects to a kerb or channel under the care and control of Council.

ii)     Drainage work to comply with AS/NZS 3500.3:2015 Plumbing and drainage Stormwater drainage, the prescriptive measures of Council’s Development Control Plan relating to Stormwater Management, and the requirements of Council’s Guidelines for Stormwater Management.

iii)    All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property.  Public liability insurance cover, for a minimum amount as specified by council, is to be obtained and maintained for the duration of the construction of the works. Council is not held responsible for any negligence caused by the undertaking of the works.

Separate approval may be required prior to the removal, lopping or pruning of any trees required as a result of stormwater drainage works (refer Council’s Development Control Plan for Preservation of Trees and Other Vegetation).

Separate approval will be required under Section 138 of the Roads Act 1993 for works and structures on a public road.

SECTION 68 PART C1

For fee or reward, transport waste over or under a public place

Approval to transport waste, for fee or reward, over or under a public place

(Item C1 of Table to Section 68)

The transporting of waste over or under a public place for fee or reward is exempt if;

i)    the activity is licensed under the Protection of the Environment Operations Act 1997, or

ii)    the waste is being transported through the area of the council and is not being collected or deposited in that area.

The Local Government (General) Regulation 2005 Division 4 Subdivision 8 provides for this exemption

SECTION 68 PART C3

Place a waste storage container in a public place

Place a waste storage container in a public place (e.g. road reserve)

(Item C3 of Table to Section 68)

The waste storage container is associated with a single dwelling on a single residential premises;

i)    Only 1 container per property;

ii)    The container is to have a maximum capacity of 4m³;

iii)   Maximum period of 2 weeks;

iv)   Located so as to not interfere with vehicular or pedestrian traffic;

v)   Appropriate barricades, guards, lighting between sunset and sunrise, and reflectors shall be provided where necessary to prevent the container being a traffic hazard;

vi)   Waste shall be secured to prevent being dislodged by wind and other forces including animals;

vii)  Not to be used for the disposal of hazardous or noxious material.

This relates to the use of mini skips and not the normal weekly collection service. 

Commercial premises require a separate approval from Council.

Council may require the relocation of a container where it is or is likely to pose a hazard.

Many chemicals and materials such as asbestos cement sheeting pose a threat to public health and safety and separate arrangements are to be made for their disposal.

SECTION 68 PART C4

Dispose of waste into a sewer of the council

Approval to dispose of waste into a Council sewer

(Item C4 of Table to Section 68)

Residential properties are exempt from the requirement to obtain approval for the disposal of waste into a Council sewer provided:

i)    the activity is approved, and

ii)    any building or work associated or carried out in connection with the activity complies with any applicable standards established by any Regulation in force under the Act or the Environmental Planning and Assessment Act 1979.

The repair or replacement of damaged / leaking plumbing in an emergency.

Permit the installation of NSW Health accredited grey water diversion devices that;

i)    do not store or retain wastewater, and only divert wastewaters from the laundry, shower and bathroom fixtures (but not toilet or kitchen fixtures), and,

ii)    are carried out in accordance with the Plumbing and Drainage Code of Practise, and,

iii)   a sewage management facility is not installed on the premises concerned, and,

iv)   achieves the following performance standards:

(a)  prevents the spread of disease by microorganisms,

(b)  prevents the spread of foul odours,

(c)  prevents contamination of water,

(d)  prevents degradation of soil and vegetation,

(e)  discourages insects and vermin,

(f)   ensures that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g)  minimises any adverse impacts upon amenity of the premises and surrounding lands,

(i)   if appropriate, provides for the re-use of resources (including nutrients, organic matter and water). Dispose of the grey water by subsurface means for the reuse of grey water.

The Local Government (General) Regulation 2005 Division 4 Subdivision 3 provides for this exemption

SECTION 68 PART C5

Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility

Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility

(Item C5 of Table to Section 68)

Application to connect drains to an existing onsite sewage management facility, subject to the following conditions:

i)    There is no additional load on the existing onsite sewage management system.

ii)    A licensed plumber is to be engaged to carry out the work in accordance with approved plans, specifications, conditions of approval, the requirements of the Plumbing Code of Australia and AS/NZS 3500 must be adhered to. The plumber is to obtain a permit from Byron Shire Council and submit a Notice of Commencement of Plumbing works prior to commencing any plumbing or drainage work. If there is more than one plumber carrying out works then separate permits will have to be lodged stating specifically the works that are to be carried out.

iii)   The following inspection/s will be required for the SEWAGE WORK (fees are applicable as per Council fees and charges):

a.  

(a)  Internal drainage

(b)  External drainage

(c)  A licensee is required to provide to Council and owner of the property after completion of the work and within 48 hours , a Compliance Certificate and Sewer Services Diagram/ Works as Executed drawings. 

1.   Council will send each plumber proformas of these documents when the Notice of Work permit has been issued by Council to allow the plumber to commence work.

2.   Inspections will not take place unless the plumber or the plumber’s representative is on-site. Re-inspection fees will apply to plumbers not on-site for inspections.  Fees will be charged for all inspections.

SECTION 68 PART C6

Operate a system of sewage management (within the meaning of section 68a)

Approval to operate a System of Sewage Management

(Item C6 of Table to Section 68)

Systems serving a single allotment of land involving pumping directly into a Byron Shire Council reticulated sewerage system, (such as pump out effluent systems servicing private residences such as those used in New Brighton and Billinudgel) where;

i)    Approval has been obtained from Byron Shire Council for the connection to the council sewer, and,

ii)    (Any system of sewage management must be operated in a manner that achieves the following performance standards:

(a)  prevents the spread of disease by microorganisms,

(b)  prevents the spread of foul odours,

(c)  prevents contamination of water,

(d)  prevents degradation of soil and vegetation,

(e)  discourages insects and vermin,

(f)   ensures that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g)  minimises any adverse impacts upon amenity of the premises and surrounding lands,

(h)  if appropriate, provides for the re-use of resources (including nutrients, organic matter and water).

On-site sewage management systems (OSMS) are otherwise required to obtain approval to operate under Subdivision 6 of the Local Government (General) Regulation 2005

SECTION 68 PART D4

For fee or reward, play a musical instrument or sing

Type of Activity

Exemption Circumstances / Requirements

Advisory Note

Busking or street theatre.

(Item D4 of Table to Section 68)

Approval to undertake busking (as defined in Policy 5.57-Busking) other than busking involving Dangerous and Circle Acts is not required HOWEVER all buskers must apply to Council for a busking permit (see Clause 4.2.1 of Policy 5.57-Busking).

All busking must be in accordance with Policy 5.57-Busking.

Dangerous and Circle Acts (as defined in Policy 5.57-Busking) are not exempted from requiring an approval.

For further details refer to Council’s Busking Policy.

Council and the Police have the power to remove people if they are causing a nuisance to the public (including shop owners).

SECTION 68 PART E2

Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road

Placement of Pay-Telephones on footpaths.

(Item E2 of Table to Section 68)

Acceptable public liability insurance in accordance with Council’s policy must be obtained.

Not more than one telephone per premises.

Located outside commercial premises, refreshment rooms, shops or take-away outlets within a defined town or village centres.

Pay telephones shall not be located where security or safety of persons may be at risk.

Display of potted plants

(Item E2 of Table to Section 68)

i)    Acceptable public liability insurance in accordance with Council’s policy must be obtained;

ii)    Plants are to be displayed for decorative purposes and not for sale;

iii)   A maximum of two (2) plants per premises;

iv)   Plants are not be dangerous to the public;

v)   Pots must be at least 450 mm x 450 mm and securely fixed to prevent vandalism and expected wind forces;

vi)   Located immediately adjacent to and extending no further than 700mm from the front of the shop or business;

vii)  A minimum of 2.5 metres of unobstructed footpath to be maintained between the pots and the kerb;

viii) A minimum of 2 metres of unobstructed width to be maintained in arcades.

ix)   Located outside commercial premises, refreshment rooms, shop or take-away outlet within a defined village centre.

Some plants present a problem for the public and are not recommended.  These include thorny plants such as roses and some citrus species. 

SECTION 68 PART E2

Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road

Installation of roll-up under awning blinds

(Item E2 of Table to Section 68)

i)    Not attached to premises listed as a Heritage Item or located within a Heritage Conservation Area without Development Consent.

ii)   The material of the blinds shall comply with the provisions of the BCA with respect to combustibility and smoke hazard indices.

iii)   Awnings shall be structurally adequate to support loads.

iv)  Blinds shall be parallel to the kerb.

v)   Outside edge of the blind is to be minimum 600 mm clear of the kerb line and minimum 2400 mm clear of the footpath.

vi)  No advertising shall be displayed on the blind.

vii)  The colour of the blind shall complement the colour scheme of the building.

SECTION 68 PART F4.

Install a domestic oil or solid fuel heating appliance

Installation of solid fuel or oil heaters by qualified Contractors only.

(Item F4 of Table to Section 68)

i)    Installation by a contractor accredited by Council.

ii)    Council is notified in writing of the installation along with the accredited contractor’s details, after the installation.

iii)   Installation to be in accordance with the Building Code of Australia, AS 2918 – Domestic solid fuel burning appliances and the Department of Environment and Conservation.

Existing legislation enables Council to take appropriate action to overcome any nuisance, which may arise from the installation of solid fuel heating appliances.

SECTION 68 PART F5.

Install Or Operate Amusement Devices (Within The Meaning Of The Construction Safety Act 1912)

Install or operate a small amusement device/s anywhere within Byron Shire Council LGA.

(item F5 of Table to Section 68)

i)    Small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under and includes such amusement devices as jumping castles (and the like), mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute.

ii)    A small amusement device may be installed or operated without the prior approval of the Council if:

a.    the land owner has consented to the installation and operation of the amusement device.

b.    the amusement device/s is operated for the period of the event and is removed within 2 days of completion of the event.

c.    the ground or other surface on which the device is to be or has been erected does not involve the removal of any vegetation and is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason, and

d.    the device is registered under the Occupational Health and Safety Regulation 2001, and

e.    the device:

i. is to be or has been erected, and

it to be or is being operated, ii.       in accordance with all conditions (if any) relating to its erection or operation set out in the current certificate of registration issued for the device under that Regulation, and

f.     there exists for the device a current log book within the meaning of Chapter 5 of that Regulation, and

g.    in the case of a device that is to be or is installed in a building, fire egress is not obstructed, and

h.    there is in force a contract of insurance or indemnity for the device that complies with clause 74 of the LG Regs 2005 ($10,000,000 minimum indemnity).

Council has the ability to regulate noise generating activates under the Under Protection of Environmental Operations Act 1997 and the Environmental Planning and Assessment Act 1979.

Any inflatable devices that involve water storage/ swimming areas must consult with Council in relation to approvals/ requirements to maintain water quality and or fencing requirements.

SECTION 68 PART F7

Use a standing vehicle or any article for the purpose of selling any article in a public place

Street Collections (including Badge/Pin days), information and promotional displays.

(Item F7 of Table to Section 68)

i)    Not to occur:

·      Within 20 metres of a bus stop, pedestrian crossings, taxi stand or intersections.

·      Any area adjacent to a residential premises, educational establishments or place of public worship.

·      Any park or reserve.

ii)    Minimum 2.5 metres of footpath shall be available for public movement.

iii)   The activity shall not cause offence or obstruction. 

iv)   Not to include a public address system or the like.

v)   Collectors to clearly display identification of the charitable organisation/s or business/s that the activity benefits.

vi)   Surrounding area is to be maintained in a clean and tidy condition and free of hazard and rubbish.

Further detail in relation to other activities, including street stalls, etc can be obtained from Council’s Policy on Activities in Public Places.

Approvals are not required for Local, State or Federal Elections.

Venue

Cavanbah Centre, Ewingsdale Road, Byron Bay

Date

Thursday, 30 November 2017

Time

2.00pm

Panel Recommendation:

That the minutes of the Coastal Estuary Catchment Panel Meeting held on 28 September 2017 be confirmed.

(Dey/Lambourne)

The recommendation was put to the vote and declared carried.

Report No. 4.1             The State of Water Reuse

File No:                        I2017/1797

Panel Recommendation:

That Council notes the Panel supports water reuse over river discharge via solar electric installations for the supply pump at Mullumbimby and the irrigation pumps on the two farms in Main Arm involved in the Main Arm reuse scheme, especially due to the coincidence of insolation and irrigation.

(Dey/Hochgrebe)

The recommendation was put to the vote and declared carried.

Report No. 4.2             Recycled Water Pricing

File No:                        I2017/1798

Panel Recommendation:

1.       That Council notes Panel supports, where appropriate, for development consent conditions that require compulsory plumbing of recycled water to dwellings for laundry, toilets and gardens and to business and commercial where appropriate, as happens in parts of Ballina Shire.

2.       That Council requests a cost benefit analysis on implementing the above in Byron Shire including an environmental assessment and that this report be forwarded to Water, Waste and Sewer Advisory Committee for considerations.

(Dey/Hackett)

The recommendation was put to the vote and declared carried.

Report No. 4.3             Tallow Creek Estuary Opening

File No:                        I2017/1799

Panel Recommendation:

That the Panel note the items listed for discussion.

(Lambourne/Gardner)

The recommendation was put to the vote and declared carried.

Report No. 4.4             Belongil Estuary Opening Strategy

File No:                        I2017/1800

The Panel discussed the report.

Report No. 4.5             New Brighton Beach Scraping Project

File No:                        I2017/1801

The Panel discussed the report.

Report No. 4.6             Update on the Coastal Zone Management Plan for the Byron Bay Embayment (CZMP BBE)

File No:                        I2017/1802

The Panel discussed the report.

Venue

Conference Room, Station Street, Mullumbimby

Date

Tuesday, 21 November 2017

Time

4.00pm

Committee Recommendation:

That the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 22 September 2017 be confirmed.                                                                                        (Sloane/Kelly)

The recommendation was put to the vote and declared carried.

Report No. 4.1             Draft BSC Residential Strategy - Aboriginal Cultural Heritage Concerns

File No:                        I2017/1749

Committee Recommendation:

That the report from Matthew Reilly (President of Saddle Ridge Local Area Management Planning Association):

·     be reviewed by the Arakwal Corporation and comments provided back to this Committee/Council

·     be saved into Council’s secure record system as a Confidential document.

                                                                                                                                          (Ndiaye/Kelly)

The recommendation was put to the vote and declared carried.

Report No. 4.2             Butler Street proposed Crown Land Acquisition

File No:                        I2017/1750

Committee Recommendation:

That the Arakwal Memorandum of Understanding Advisory Committee note the consultation with the Arakwal Corporation and the Arakwal Memorandum of Understanding Committee on the compulsory acquisition of the crown land at Butler Street, Byron Bay.                                                                           (Ndiaye/Kelly)

The recommendation was put to the vote and declared carried.

Report No. 4.3             Aboriginal Cultural Heritage Study

File No:                        I2017/1751

Committee Recommendation:

That the Arakwal Memorandum of Understanding Advisory Committee note the finalisation of Stage One of the Byron Shire Aboriginal Cultural Heritage Study.                                                          (Ndiaye/Coorey)

The recommendation was put to the vote and declared carried.

Report No. 4.5             Byron Shire Council process to report to Arakwal Board

File No:                        I2017/1753

Committee Recommendation:

That the Arakwal Memorandum of Understanding Advisory Committee provide input into the development of a reporting and documentation framework for projects, as follows:

·    Council to receive notification of Arakwal Board meetings for 2018

·    Council to receive cut off dates for matters to go before the Board

·    Monthly meetings with Council staff and the Arakwal Corporation General Manager (at alternating venues), with Arakwal Board members invited

·    Action list of current projects and their status to be provided monthly by Council for Arakwal Board Meetings.                                                                                                          (Ndiaye/Coorey)

The recommendation was put to the vote and declared carried.

Report No. 4.4             Arakwal employment and procurement opportunities

File No:                        I2017/1752

Committee Recommendation:

That the Arakwal Memorandum of Understanding Advisory Committee discuss key objectives for the development of an Indigenous Employment Strategy to assist with the development and implementation of this strategy.                                                                                                                            (Ndiaye/Kelly)

The recommendation was put to the vote and declared carried.

Venue

Council Chamber, Station Street, Mullumbimby

Date

Thursday, 21 December 2017

Time

9.30am

Committee Recommendation:

That the minutes of the Water, Waste and Sewer Advisory Committee Meeting held on 10 October 2017 be confirmed.                                                                                                                             (Lyon/Dey)

The recommendation was put to the vote and declared carried.

Procedural Motion

That the Committee change the order of business to deal with Reports 4.4, 4.3, 4.8, 4.6, 4.5, 4.9, 4.1, 4.2 and 4.7 next on the Agenda.                                                                                                          (Coorey/Dey)

The recommendation was put to the vote and declared carried.

Report No. 4.4              Byron Resource Recovery Master Plan

File No:                        I2017/1818

Committee Recommendation:

That Council endorse the Byron Resource Recovery Centre Master Plan and ensure that space for relocated tip shop is sufficient for any growth that could occur in upcoming decades.                        (Dey/Coorey)

The recommendation was put to the vote and declared carried.

Report No. 4.3             Ocean Shores Sewage Treatment Plant Exceedances - January 2017 to October 2017

File No:                        I2017/1811

Committee Recommendation:

That the Committee note the report and for the next meeting Committee receive layout diagrams of the shire’s 4 STPs indicating licensing and monitoring locations.                                                        (Dey/Dickens)

The recommendation was put to the vote and declared carried.

Report No. 4.8              Items For the Committee Requested by Duncan Dey

File No:                        I2017/1979

Committee Recommendation:

That the Committee note the report.                                                                                (Dey/Dickens)

The recommendation was put to the vote and declared carried.

Report No. 4.6             Byron Shire Recycled Water Schemes - Murtagh Report Discussion

File No:                        I2017/1959

Committee Recommendation:

That the Committee note the report.                                                                                (Dey/Dickens)

The recommendation was put to the vote and declared carried.

Report No. 4.5             Mullumbimby Inflow and Infiltration - History and Future

File No:                        I2017/1820

Committee Recommendation:

That Council commence a Mullumbimby Sewerage System Inflow and Infiltration Programme as a part of the sewer fund capital programme and that the Water, Waste and Sewer Advisory Committee receive an update on each quarterly meeting.                                                                                                   (Coorey/Lyon)

The recommendation was put to the vote and declared carried.

Report No. 4.9             Current and Future Capacity of Bangalow STP - Response to Resolution 17-502

File No:                        I2017/2003

Committee Recommendation:

That in relation to the report prepared under Resolution 17-502, Council should also consider at least the following additional matters:

a)          Estimates of sewer flow made by developers at time of application are inherently low. The estimates of flow from this development as it may stand in 10 years time should be made independently.

b)          Satisfying the EPA licence requirements does not equate to protecting the environment. There are now many more factors to be consider for the impact on receiving environment. This include pharmaceuticals, viruses, medical and recreational drugs, hormone treatment, etc.

c)          If STP upgrades are brought forward for a development then the extra cost of bringing then forward should be passed on to the developer.

d)          A detailed risk assessment  is needed of the pre-treatment system, including the likely dynamics of its loading and effluent quality, and its potential impacts on the performance of the Bangalow STP, and suitable mitigations identified.

(Fligelman/Dey)

The recommendation was put to the vote and declared carried.

Report No. 4.1             Byron Shire Effluent Management Strategy 2017-27 Comments for Discussion

File No:                        I2017/1809

Committee Recommendation:

That the Committee have an extraordinary meeting to workshop the strategy in the first quarter 2018.                                     (Dey/Lyon)

The recommendation was put to the vote and declared carried.

Report No. 4.2             Integrated Water Cycle Management Plan 2017 Review

File No:                        I2017/1810

Committee Recommendation:

That the Committee have an extraordinary meeting to workshop the Integrated Water Cycle Management Plan 2017 Review.      (Dey/Lyon)

The recommendation was put to the vote and declared carried.

Report No. 4.7             Odour Control Actions

File No:                        I2017/1964

Committee Recommendation:

That the Committee discussed the report and the Committee members provide comments and questions to be discussed during an extraordinary meeting.                                                                         (Dey/Lyon)

The recommendation was put to the vote and declared carried.