Notice of Meeting
Arakwal Memorandum of Understanding Advisory Committee Meeting
An Arakwal Memorandum of Understanding Advisory Committee Meeting of Byron Shire Council will be held as follows:
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Venue |
Arakwal Room, Byron Bay Library, Byron Bay |
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Date |
Thursday, 1 March 2018 |
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Time |
9.00am |
James Brickley
Acting Director Corporate and Community Services I2018/260
Distributed 22/02/18
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
Arakwal Memorandum of Understanding Advisory Committee Meeting
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Arakwal Memorandum of Understanding Advisory Committee Meeting held on 22 September 2017
3.2 Extraordinary Arakwal Memorandum of Understanding Advisory Committee Meeting held on 21 November 2017
4. Staff Reports
Corporate and Community Services
4.1 Byron Shire Pest Management Plan - Consultation......................................................... 4
4.2 Illegal Campers at Ironbark Avenue and Vegetation on Council Land............................. 7
4.3 Byron Town Centre Master Plan - Ongoing Consultation with Arakwal......................... 10
4.4 Aboriginal Services Coalition........................................................................................... 93
Staff Reports - Corporate and Community Services 4.1
Staff Reports - Corporate and Community Services
Report No. 4.1 Byron Shire Pest Management Plan - Consultation
Directorate: Corporate and Community Services
Report Author: Belle Arnold, Community Project Officer
File No: I2018/185
Theme: Society and Culture
Community Development
Summary:
This report seeks to consult with the Arakwal Memorandum of Understanding Advisory Committee in regards to identifying key focus species and areas of importance for the Byron Shire Pest Management Plan
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RECOMMENDATION: That the Arakwal Memorandum of Understanding Advisory Committee provide feedback for the Byron Shire Pest Management Plan.
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Report
Council are responsible for pest animal management on Council owned or managed land for a range of purposes including infrastructure management and protection of the environment. Pest animals are recognised as having significant impacts on people, cultural heritage, livestock, crops, wildlife, habitat or other assets in Byron Shire. In line with legislation governing pest management, and State Government’s response to the state-wide review of pest animal management leading to the formation of the North Coast Regional Pest Animal Committee tasked to prepare a Regional Pest Animal Management Plan by June 2018, Council now seek a review of its pest animal management plan.
A strategic approach to pest animal management requires careful planning and a good understanding of the principles of best practice pest animal management. A pest management plan developed in consultation with key stakeholders will form part of the pest animal management plan.
The Feral Animal (wild dog, fox and cat) Management Plan 2013-15 requires review (Attachment 1 and available at: http://www.byron.nsw.gov.au/publications/feral-animal-wild-dog-fox-and-cat-management-plan-2013-15 )
A pest animal management plan is limited to pest animals in Byron Shire only, and should focus on minimising the damage being caused by pest animals, not the number of pests present in the area.
A review of the Plan needs to be developed to provide a framework for management of priority (to be determined) declared and non-declared pest animals in the Byron Shire Local Government area. There is however a perceived view that the following pest animals are priority: emerging threat - European Carp; and established threat - wild dog, foxes, feral cat, Indian Myna & cane toads (in unproven priority order). Currently a review of priority pest animals in the region is underway by the North Coast Pest Animal Committee.
The revised plan must consider alignments and support numerous documents including but may not limited to the NSW Biosecurity Framework and complement the NSW Biosecurity Strategy, Australian Pest Animal Strategy, Draft NSW Invasive Species Plan 2017–2021 and the regional pest animal management plan (currently being prepared by the North Coast Pest Animal Committee), Threatened Species Strategy, North Coast Region Wild Dog Management Plan 2015-20, NSW Wild Dog Strategy 2017-21 and Byron Coast Koala Plan of Management (KPOM).
Via consultation, the revised plan will need to draw on the experience and knowledge of stakeholders (e.g. Traditional Owners, landholders, governmental organisations (e.g. NPWS, North Coast Local Land Services & North Coast Pest Animal Committee), contractors e.g. trappers and community groups e.g. Landcare) to set realistic and strategic goals that will encourage community participation and foster a cooperative approach to pest management in the Byron Shire.
Additionally, the plan will need to outline areas of responsibilities for individuals, agencies and organisations involved in pest management. As well as provide Council with strategic direction e.g. to prioritise a wild dog trapping program after 1080 programs have been carried out in an area by either Council or other stakeholder, thus trapping will be targeting problem dogs and removing those from the environment and producing the best outcome for landholders in the area. The Plan also needs to provide landholders with strategic direction and some simple tools to enable them to set priorities for pest management on their own property, and what role Council will play.
Financial Implications
Nil from this report
Statutory and Policy Compliance Implications
Native Title Act
Land Rights Act
Local Government Act
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 4.2
Report No. 4.2 Illegal Campers at Ironbark Avenue and Vegetation on Council Land
Directorate: Corporate and Community Services
Report Author: Belle Arnold, Community Project Officer
File No: I2018/197
Theme: Society and Culture
Community Development
Summary:
This report seeks feedback and recommendations regarding the proposal to address illegal campers at Ironbark Avenue in Byron Bay by revegetating the road reserve area.
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RECOMMENDATION: That the Arakwal Memorandum of Understanding Advisory Committee provide recommendation to Council regarding the proposal to address illegal campers at Ironbark Avenue in Byron Bay by revegetating the road reserve area including allocating required funding.
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Report
Background
5.2.1 Housing at Ironbark Avenue
Council to continue support for the development through to occupation of the Ironbark Avenue housing project.
This project was progressed through the 1998 Heads of Agreement and continues to be a priority for the Arakwal.
Bundjalung of Byron Bay, Arakwal Corporation requested discussion of a revegetation project on Council land at the Ironbark Housing site. The area is currently utilised as car parking and camping with access through the housing site to the beach. Arakwal have raised concerns that this practice will continue after houses are occupied and have requested that Council install bollards or large rocks to deter cars and revegetate with bush tucker in partnership with the Arakwal. The proposal of the revegetation and bollard or rocks installation would increase safety of the residents and protect the Aboriginal Cultural values and environmental integrity to the wider area. It also shows Council’s continuing support for the development through to occupation of the Ironbark housing project as per the Arakwal MoU.
Figure one shows a satellite map of the Ironbark Housing development.
Figure 1: Ironbark Avenue Housing Development
Figure 2: Ironbark Avenue Reserve Area Total area approx. 240m2
One proposal of the Arakwal Corporation is that they will import material from their nearby depot to allow for the creation of mounds (subject to suitability as determined by EPA) and Council supply and place rocks from our quarry to barricade the area and funds to landscape with culturally appropriate species. Arakwal will assist Bushland Restoration Services in landscaping and planting and will maintain the area in perpetuity.
Financial Implications
The quotation provided by Bushland Restoration Services to supply plants, associated materials and supervise works to completion amounts to $5000.
The cost to council to provide and place the rocks is a further $2745. Total $7745
Further scoping of costs is required along with the development of funding sources and options.
Statutory and Policy Compliance Implications
Arakwal MoU 2013
Native Title Act 1993
NPWS Act 1974
Local Government Act 1993
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 4.3
Report No. 4.3 Byron Town Centre Master Plan - Ongoing Consultation with Arakwal
Directorate: Corporate and Community Services
Report Author: Belle Arnold, Community Project Officer
File No: I2018/198
Theme: Society and Culture
Community Development
Summary:
This report provides an update on the Byron Bay Town Centre Master Plan and seeks to identify this project as a Standing Item for the Committee.
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RECOMMENDATION: That the Arakwal Memorandum of Understanding Advisory Committee establish Byron Bay Town Centre Master Plan as a Standing Item on the agenda until the project is implemented.
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1 Byron Bay
Town Centre Masterplan, E2018/9894
, page 6⇩ 
Report
Background
The vision for the Byron Bay Town Centre Masterplan is to “connect the centre of Byron Bay with the spirit of the community”. Through flexible and responsive strategies the Masterplan will have the capacity to evolve as the needs of the community change into the future. The project was initiated from community expression of the need for updating and upgrading facilities and amenities in Byron Bay Town Centre.
The development of the Byron Bay Town Centre Master Plan (Attachment 1) took place over five years and lengthy consultation with community.
Current Project Status
A review of planning controls commenced in 2017. This is the next step in a twenty year delivery process to implement the Byron Bay Town Centre Masterplan.
Updating the planning controls will allow changes to the Byron Development Control Plan (DCP) and to Byron Local Environmental Plan (LEP) to reflect the outcomes of the Masterplan and align with the unique characteristic of the town centre.
The ‘Planning Control review area’ accounted for the Masterplan area, and also the areas immediately adjacent to the town centre, to consider the wider connections and adjoining neighbourhoods directly influenced by town centre activities.
The key areas affected by the planning control review are outlined in the map below:
The next steps of the planning control review for the Byron Bay Town Centre involve the preparation of various planning proposals to amend the Byron LEP and new controls in the Byron DCP.
The area involves land that is important to the Arakwal. Council seek to ensure that Arakwal are consulted with throughout the implementation of this project. Council have appointed a staff member to coordinate the implementation of this project across the organisation.
Financial Implications
Nil from this report
Statutory and Policy Compliance Implications
Native Title Act
Local Government Act
BYRON SHIRE COUNCIL
Staff Reports - Corporate and Community Services 4.4
Report No. 4.4 Aboriginal Services Coalition
Directorate: Corporate and Community Services
Report Author: Belle Arnold, Community Project Officer
File No: I2018/199
Theme: Society and Culture
Community Development
Summary:
This report provides an update on the work and priorities of the Aboriginal Services Coalition and seeks to ensure ongoing consultation with Arakwal on this important community project.
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RECOMMENDATION: That the Arakwal Memorandum of Understanding Advisory Committee note the progress of this project and the priorities for 2018. |
1 Aboriginal
Services Coalition - Communtiy Forum Presentation, E2018/9932 , page 6⇩ 
Report
Background
The Arakwal MoU states:
5.2.2 Aboriginal social, economic and community development projects
Arakwal and Council to work in partnership on Aboriginal social, economic and community development projects that have positive outcomes for the wider community.
The Aboriginal Services Coalition has continued to meet at the Mullumbimby Neighbourhood Centre.
On 26 July Aboriginal Services Coalition representatives met with Department of Family and Community Services (FACS) Representative, Megan Lewis, to request information on who is receiving FACS funding to deliver Indigenous services in the Byron Shire. FACS has provided that information and the Aboriginal Services Coalition will follow up. The Aboriginal Services Coalition will continue to work with FACS to provide direct funding for an Aboriginal Service in Mullumbimby.
Aboriginal Project Worker Position
Funded by NSW Health, a position description was developed by the Aboriginal Services Coalition with assistance from Gavin Brown. The position was advertised in the Byron Shire Echo and the Koori Mail and emailed to stakeholders and community organisations. Applications closed 18 August. Interviews were held on 30 August and the worker will commenced 1 October 2017.
The position will focus on improving service delivery in the Byron Shire through bringing organisations funded to deliver to the Aboriginal Community together to undertake outreach and promotion at the Mullumbimby Neighbourhood Centre, expand culturally based activity and further develop Aboriginal Services in the Byron Shire.
Council staff continue to play a lead role in this project with the Mullumbimby Neighbourhood Centre, Tweed Byron Local Aboriginal Land Council, Community Transport, Community Health and Arakwal.
Community Forum November 2017
On 22 November 2017 the Aboriginal Services Coalition held a forum in the Byron Shire Council Chambers. The forum was attended by 45 representatives from community organisations and services providers, and aimed to engage funded organisations to deliver to Aboriginal and Torres Strait Islander people in the Byron Shire. Presentations were delivered from the Arakwal Corporation and the Tweed Byron Local Aboriginal land Council so that community could gain an understanding of the roles of these organisations in the Byron Shire. Coalition members gave a presentation of the background of the project and the aims and objectives for the Byron Shire. (Attachement 1).
Priorities for 2018
Up until end of 2017 the Coalition was focused on making organisations already receiving funding to deliver to Aboriginal community accountable and increase, or commence their delivery and presence in the Byron Shire. Priorities for 2018 will be applying for funding for the Coalition to manage to ensure service delivery in the Byron Shire, and forming a management committee with representation from all the relevant stakeholders.
Financial Implications
Nil from this report
Statutory and Policy Compliance Implications
Local Government Act 1993
Arakwal MoU 2013
