Notice of Meeting

 

 

 

 

 

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Biodiversity Advisory Committee Meeting

 

 

An Biodiversity Advisory Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Council Chambers, Station Street, Mullumbimby

Date

Monday, 12 March 2018

Time

3.15pm

 

 

 

 

 

 

 

 

Shannon Burt

Director Sustainable Environment and Economy                                                            I2018/371

                                                                                                                                    Distributed 06/03/18

 

 


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

Biodiversity Advisory Committee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

4.    Staff Reports

Corporate and Community Services

4.1       Committee Induction......................................................................................................... 4

Sustainable Environment and Economy

4.2       Integrated Pest Management Stragety and other Environmental  Projects................... 34

4.3       Brunswick Valley Landcare............................................................................................. 43

4.4       Future Meeting Agendas................................................................................................. 58   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 4.1             Committee Induction

Directorate:                 Corporate and Community Services

Report Author:           David Royston-Jennings, Corporate Governance Officer

File No:                        I2018/385

Theme:                         Corporate Management

                                      Governance Services

 

 

Summary:

 

To provide an overview of Council’s Code of Conduct and the draft Constitution for the Biodiversity Advisory Committee.

 

  

 

RECOMMENDATION:

1.  That the Biodiversity Advisory Committee receive a presentation on Byron Shire Council’s Code of Conduct.

 

2.  That the Biodiversity Advisory Committee confirm the Constitution for this Committee, in accordance with Council Resolution 18-114.

 

Attachments:

 

1        Byron Shire Council Code of Conduct, E2017/101101 , page 6  

2        Draft Constitution - Biodiversity Advisory Committee, E2018/2233 , page 27  

 

 


 

Report

 

Members of the Biodiversity Advisory Committee are required to read and understand Council’s Code of Conduct.

 

The key points of the Code of Conduct will be provided in a presentation for the Committee’s information.

 

A copy of Byron Shire Council’s Code of Conduct is provided as an attachment to this report for the Committee’s perusal.

 

The Biodiversity Advisory Committee is also required to confirm the Constitution for this Committee, in accordance with Council Resolution 18-114, which reads (in part) as follows:

 

3.    That the draft Terms of Reference for the Biodiversity Advisory Committee (Attachment 1 E2018/2233), and Sustainability and Emissions Reduction Advisory Committee (Attachment 2 E2018/2239) be confirmed at their respective first meetings.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Code of Conduct

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 4.1 - Attachment 2

 

 

 

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BYRON SHIRE COUNCIL

 

BIODIVERSITY ADVISORY COMMITTEE

 

CONSTITUTION

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                   4.1 - Attachment 2

 

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

 

 

Date Adopted by Council

 

Resolution No.

 

Responsibility

Director Sustainable Environment and Economy

Review Timeframe

 

Last Review Date:

 

Next Scheduled Review Date

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2018/2233

30 January 2018

Draft to be reported to 22 Feb 2018 meeting (see Res 17-611)

 

 

 

 

Further Document Information and Relationships

Related Legislation

Section 355, Local Government Act (1993)

Related Policies

Code of Conduct 2016
Work Health Safety Policy
Code of Meeting Practice

Guide to Operations – Advisory Committee and Panels (E2016/85075)

Related Procedures/ Protocols, Statements, documents

 

 


 

Table of Contents

 

 

1.         Preamble. 4

2.         Purpose. 4

3.         Timeframe for Committee. 4

4.         Responsible Directorate. 4

5.         Membership. 5

6.         Induction. 5

7.         Quorum.. 5

8.         Confidentiality. 5

9.         Election of Chairperson. 5

10.      Voting. 5

11.      Majority Decision. 6

12.      Convening Meetings. 6

13.      Agenda Preparation. 6

14.      Conduct of Business. 6

15.      Records of meetings. 6

16.      Absence from Committee Meetings. 7

17.      Project Reference Groups. 7

18.      Section 377 Delegation. 7

19.      Meeting Practice. 7

20.      Miscellaneous. 7


 

1.  Preamble

 

The Biodiversity Committee is an advisory committee of the Council and does not have executive power or authority to implement actions.

 

The role of the committee is to report to Council and provide appropriate advice and recommendations on matters relevant to this Constitution.

 

2.  Purpose

 

The purpose of the Biodiversity Advisory Committee is:

 

1.    To assist Council in the development, implementation and review of relevant biodiversity  plans and policies such as: Biodiversity Conservation Strategy, Integrated Pest Management Plan, Flying Fox Management Plan, Koala Plan of Management, Feral Animal Management Plan.

 

2.    To identify and report opportunities or concerns regarding biodiversity  issues to Council including, but not limited too, funding opportunities, special events, government policy, practice or guidelines

 

It is proposed that meetings can target specific issues related to biodiversity and that in order for the Committee to understand the issue and identify opportunities, experts on the subject can be invited to contribute. 

 

It is also proposed that meetings can be held outside the Council building within environments that are relevant to that meeting’s theme.  For example, different formats could be used such as field days and workshops.

 

3.  Timeframe for Committee

 

The lifespan of the Sustainability and Emissions Reduction Advisory Committee is for the term of Council 2016-2020.

 

 

4.  Responsible Directorate

 

This committee is administered by the Sustainable Environment and Economy Directorate.  The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

 

5.  Membership

 

Council must appoint all advisory committee members. Appointment must take place prior to a member being conferred the responsibilities and rights as set out in this document.

 

Council may release individual members from the advisory committee at any time by a resolution of council.  Council may also appoint any new members to a committee at any time by a resolution of council.

 

Membership is to include:

 

Councillors - ·      as determined by council at the 22 February 2018 meeting

·        Eg At least 1 relevantly qualified community representative

·        General Manager (or staff member delegate)

 

Note:  Staff members participating on the committee do not have any voting entitlements.

 

 

6.  Induction

 

All members will be required to participate in an induction process at the establishment of a new committee, and at any time a replacement voting member joins a committee.  The induction will be scheduled prior to the first meeting of the committee and will cover topics such as this Constitution, the Code of Meeting Practice, Conflicts of Interest and Code of Conduct.

 

Replacement voting members will be inducted by experienced committee members at, or prior to, their first meeting.

 

7.  Quorum

 

A quorum is to constitute at least half the number of members plus one (resulting half numbers go down), two of which are to be Councillors.  The General Manager or delegate, who must be a member of staff, is to attend the Advisory Committee meeting and is not counted in the quorum for the meeting.

 

8.  Confidentiality

 

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

 

9.  Election of Chairperson

 

The position of Chairperson is to be elected from Councillors comprising the committee but only in circumstances where the Mayor elects not to assume the position of Chairperson.

 

10.   Voting

 

a)      Each member of the committee (with the exception of staff members) is to have one vote, with the Chairperson to have a casting vote in addition to a deliberative vote.

 

b)      Members of the committee who are not Councillors may abstain from voting in any circumstances without such abstention being recorded in the negative.

 

11.   Majority Decision

 

A majority decision of the committee requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

 

12.   Convening Meetings

 

Meetings will be held as required, generally every quarter.  An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months.

 

A meeting of the committee may be convened in response to either the direction of the Mayor (or in the Mayor’s absence the Deputy Mayor) in written form to the General Manager; or two Councillors in written form to the General Manager, or by resolution of the Council.

 

13.   Agenda Preparation

 

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

 

The agenda is an organised list of the business, in order, that will be transacted at the meeting.  An agenda for each meeting, containing a brief report on each item, is to be provided to committee members and available on Council’s website at least 7 days prior to the meeting being held.

 

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form.  Verbal reports at the meeting are not an acceptable practice.

 

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion.  Such information is to be circulated with the agenda.

 

Committee members may request items for inclusion in future agendas, through the Chair.

 

14.   Conduct of Business

 

Each item of business is discussed in the order in which it appears on the agenda.  No new matters will be introduced at the meeting.  New items of business may be included in a future agenda as noted in clause 13 above.

 

15.   Records of meetings

 

a)      The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

 

b)      Minutes of committee meetings will be kept and presented to Council at its next meeting via a report of the committee meeting.

 

16.   Absence from Committee Meetings

 

All committee members are required to advise the chair when they are unable to attend committee meetings. The absence of committee members from the meeting is to be recorded in the minutes. A committee member (other than the Mayor) ceases to be a member of a committee if the member:

 

a)      Has been absent from three consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absence, or

 

b)      Has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

 

17.   Project Reference Groups

 

Project Reference Groups may be established by Council at the recommendation of the committee to address issues clearly identified by the committee.

 

Project Reference Groups operate in accordance with Council’s adopted Constitution template for Project Reference Groups.

 

18.   Section 377 Delegation

 

The committee does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

19.   Meeting Practice

 

Meetings are to be conducted in accordance with this Constitution and, where required, reference to Council’s Code of Meeting Practice.

 

20.   Miscellaneous

 

a)      Insurance: All group members are covered by the public liability policy of Council. This insurance does not preclude the Advisory Committee from due diligence and all Council policies must be adhered to.

 

b)      Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

 

c)      Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, 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. Such other person includes the spouse or de-facto partner or relative of the group member.

 

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

 

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

 

d)      Work Health Safety:  All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.2

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 4.2             Integrated Pest Management Stragety and other Environmental  Projects

Directorate:                 Sustainable Environment and Economy

Report Author:           Clare Manning, Biodiversity Officer

File No:                        I2018/375

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

Summary:

Councillors at the 8 February 2017 Strategic Planning Workshop (SPW) received an update on the Integrated Pest Management draft Directions Document and requested that the timeframe for its delivery be condensed to provide a final Integrated Pest Management Strategy (IPM Strategy) by 13 December 2018 Council meeting (reports due 21 November 2018).

 

This report provides an update to the Biodiversity Advisory Committee on the progress of current environmental strategic documents and the potential implication to these projects if the collective delivery of an Integrated Pest Management Directions Document, Policy and Strategy is supported for December council meeting.

 

A condensed deliver of the IPM Strategy is at conflict with the Community Engagement Policy and Community Strategic Plan 2022.  It would reduce education, engagement and feedback opportunities for meaningful community participation and place unnecessary pressure on Council staff to deliver the grant funded Pest Animal Management Plan, which is non-negotiable in its delivery.  It would also likely delay the delivery of the Biodiversity Conservation Strategy (BC Strategy) by 6-months. 

 

Should the IPM Strategy be condensed in its delivery, there will be financial implications in that additional project support officer and administration officer estimated at $5,600 will be required to deliver a Pest Animal Management Plan.  Furthermore, the BC Strategy will be placed on hold – noting if Council wish to precede concurrently an additional project officer will be required – estimated at $40,000.

 

To underpin the development of the IPM Strategy, staff strongly recommends the draft Directions Document and draft Policy be placed on public exhibition for a period of 6 weeks from 23 April to 8 May 2018.  A community workshop is tentatively planned for Wednesday 9 May 2018 in Mullumbimby. Under this timeframe, the delivery the IPM Strategy would be early 2019.

 

This would ensure adequate community engagement is undertaken to disseminate information to the local and wider community and gain feedback in a meaningful and constructive way.  Involving the public and employees in the evolution of the Directions Document and Policy is one of the most productive ways that people without technical expertise can participate in the policy-making process and provide opportunity to help inform everyone on the potential hazards and benefits of pest management practises.

 

Undertaking an appropriate planning process will also allow the continued delivery of other environmental strategic documents.

  

 

RECOMMENDATION:

That the Biodiversity Advisory Committee support the revised project timetable for the Biodiversity Conservation Strategy and Option 1 for the Integrated Pest Management: Directions Document, Policy and Strategy.

 

Report:

 

Background:

 

Over the next 15-months, there are four large strategic documents currently being rolled out by the Biodiversity Officer, as outlined below:

 

·    Integrated Pest Management

a.   draft Directions Document – complete

b.   draft policy  – in progress

c.   draft strategy – in progress

 

·    Biodiversity Conservation Strategy review  – progressed but revised timetable

 

·    Pest Animal Management Plan review – on track to delivery

 

Integrated Pest Management: Directions Document, Policy and Strategy

 

To inform the preparation of an integrated pest management policy and strategy, the Integrated Pest Management Working Group (Working Group) has prepared a draft Directions Document. The draft Directions Document will report on the current success and impediments to implementing resolution 13-621, which addresses pesticide use in Byron Shire. The draft Directions Document will guide the development of a Pesticide Use Policy (Policy) and Integrated Pest Management Strategy (IPM Strategy).  It will address Council’s need for improved clarity and purpose around the goal of ceasing and minimising pesticide use at all sites within Council’s jurisdiction. The Policy intends to draw on the draft Directions Document.  A Policy for making pest management decisions will provide the organisation with an effective way to respond to the community and at the same time improve the origination’s internal decision-making process, resulting in more efficient, more effective and safer resolution of pest problems. 

 

The IPM Strategy will aim to provide Council with the practical framework to implement the Policy and align with both Council’s obligations and community needs. Thus, it is envisaged that an IPM Strategy is developed in accordance with the legislation to co-ordinate pest management priorities and actions of all key stakeholders and deliver integrated pest management activities Shire-wide. Partners who will be integral to the success of the delivery and implementation of the IPM Strategy include stakeholders NSW Roads and Maritime Services, Rous County Council, local communities and Council.  Such a strategy should be developed through a genuine in-depth social engagement process with these stakeholders and internal work units of Council. Further, the IPM Strategy should be consistent with the priorities and directions set by higher order (National, State and Regional) pest management documents e.g. Australia Weed and Pest Strategy and North Coast Regional Weed and Pest Plan.

 

It is also intended that an IPM Strategy will establish local priorities for pest species and areas to be managed and identify required pest management strategies and actions, with implementation timeframes and responsibilities assigned. The action plan component will include mechanisms and timeframes for monitoring and reporting on its implementation and success in managing the impacts of pest species within Byron Shire while also aspiring to cease or minimise pesticide use, as per Resolution 13-621.

 

Consultants Tein McDonald & Associates have been working closely with the Working Group to prepare the draft Direction Document and are intended to assist in future community engagement of the documents, proposed for April-May 2018. A community workshop has been tentatively planned for Wednesday 9 May 2018 in Mullumbimby.

 

The comprehensive draft Directions Document has been prepared in-house, and was proposed to be followed by the preparation of the Policy and IPM Strategy documents, as per Resolution 13-621.

 

The Consultants have been liaising with the Working Group to review legislation and how it will interact, support or influence the outcomes of Resolution 13-621, investigate and critically review pesticide use set by higher order (International, National, State and Regional) and the herbicide glyphosate and make realistic recommendations to continuously improve on Council’s aspiration to cease and minimise pesticide use in Byron Shire. 

 

To underpin the development of the Policy and IPM Strategy, the Working Group strongly recommend the draft Directions Document be placed on public exhibition for a period of 6 weeks.  Under this timeframe, the delivery of the Policy was expected by August 2018 followed by the IPM Strategy by early 2019. This recommendation and project delivery timeframes was outlined to Councillors at the SPW held 8 February 2018.  To fast track deliverables however the draft Policy could be delivered for public exhibition at the same time as the draft Direction Document (Option 1).

 

Councillors at the 8 February SPW  requested that the final collective delivery of the Directions Document, Policy and an IPM Strategy be brought forward to 13 December 2018 council meeting (report due 21 November 2018). In order to deliver the Directions Document, Policy and an IPM Strategy by 21 November 2018 as per Councillors request, refer to Option 2 timeframes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Option 1:   Staged delivery of Integrated Pest Management documents – Working Groups                 preferred option

Stage

Key Milestone

Estimated Time

Stage 1

17-18FY

Draft Directions Document

16 Mar 2018

Draft Policy

16 Mar

Report to Executive Team recommending report to Council for public exhibition 

21 Mar

Report to Council recommending public exhibition  (28 Mar to Director)

19 Apr

Public exhibition & social engagement (6 weeks)

23 Apr-28 May

Community Workshop on pesticide use in Mullumbimby

9 May

Review submission and finalise Directions Document & Policy

May-Jun

Develop Community Engagement Plan for IPM Strategy (as per Policy)

Jun-Jul

Stage 2

18-19FY

Report to Council recommending adoption of Direction Document & Policy (11 July 2018 to Director)

2 Aug

Report to Communications Panel (16 Aug to Director)

30 Aug

Draft IPM Strategy

Aug-Dec

Strategic Planning Workshop

4 Oct

Report to Biodiversity Advisory Committee

11 Oct

Report to Council seek draft Strategy for public exhibition (January 2019 to Director)

Feb 2019

Public exhibition & social engagement (6 weeks)

Feb-Mar

Review submission and finalise IPM Strategy

Mar-Apr

Strategic Planning Workshop

Apr

Report to Biodiversity Advisory Committee

Apr

Report to Council for adoption

May 2019

 

Option 2:   Delivery of Integrated Pest Management documents by 21 November 2018 –           Requested by Councillors at 8 February SPW

Stage

Key Milestone

Estimated Time

Stage 1

17-18FY

Draft Directions Document

16 Mar 2018

Draft Policy

16 Mar

Report to Executive Team to support in principal Directions Document & Policy  to inform IPM Strategy

21 Mar

Report to Council to support in principal Directions Document & Policy  to inform IPM Strategy (28 March 2018 to Director)

19 Apr

Draft IPM Strategy

May-Aug

Develop Community Engagement Plan

May

Report to Biodiversity Advisory Committee

14 Jun

Report to Communications Panel

28 Jun

Stage 2

18-19FY

Strategic Planning Workshop

9 Aug

Report to Council recommending public exhibition  (29 August 2018 to Director)

20 Sep

Communicate Directions Document, policy & draft strategy  (4-weeks only)

Oct

Report to Biodiversity Advisory Committee

11 Oct

Review submission and finalise documents

Nov

Report to Director

21 Nov

Report to Council for adoption

13 Dec 2018

 

 

Implications of Revised Project Timetables

 

The difficulty in delivering multiple strategic environmental planning documents is not one of Council staff capacity but rather relating to the planning process.

 

Community engagement around sensitive issues such as pest animal management, biodiversity conservation or Council’s use of pesticides should be undertaken with care to avoid rushing the social engagement process.  Council’s existing Community Engagement Policy supports people to be given adequate time to consider how they feel about an issue and the impact actions may have on their way of life.

 

Due to the complexity and highly debated range of issues being confronted by Council staff it would be prudent to ensure adequate community engagement is undertaken to disseminate information to the local and wider community and gain feedback in a meaningful and constructive way.  It must be emphasised that Bryon Shire hosts a broad diversity of views on the issue of pesticide use, and to shape a policy and strategy that reflects these views is a challenge, all the more so due to the power of social media.  Managing the message that Council wants to communicate is something that needs time. Without it, all the good work that has been achieved by Council staff in the last 12-months could be undone.

 

The risks and benefits for Option 1 and 2 of the Integrated Pest Management: Directions Document, Policy and Strategy are outlined in Table 3 below.

 

 

Table 3:     Risks and benefits of the revised timetable for the Integrated Pest Management:              Directions Document, Policy and Strategy.

Option 1: Risks

Option 1: Benefits

·      May not meet councillor expectation

 

·      Informed and engaged community

·      Uses a range of effective communication tools to engage the community to support transparent and accountable Council decision making

·      Provides education, engagement and feedback initiative for meaningful community participation

·      A strategic approach to ceasing and minimising pesticide use in Byron Shire

·      staff provided time exercise compliance around internal Council processes (e.g. reporting to the Biodiversity Advisory Committees, Executive Team and Council) and manage other Council’s requests

·      Continued delivery of Biodiversity Conservation Strategy and review of the Pest Animal Management Plan.

Option 2: Risks

Option 2: Benefits

·      Consultant availability.

 

·      At conflict with the Community Engagement Policy and Community Strategic Plan 2022

·      Poorly informed and engaged community

·      Minimal effective communication tools to engage the community

·      Minimal transparency and accountability in Council’s decision making

·      Reduced education, engagement and feedback opportunities for meaningful community participation

·      community may think they are being ‘snowed’

·      Biodiversity Conservation Strategy delayed by at least 6-months

·      Issues and solutions may be overlooked or underestimated by stakeholders, community and Council

·      Places unnecessary pressure on Council staff to deliver the Pest Animal management Plan which is non-negotiable in its delivery

·      Identifying a suitable and available consultant to assist Council staff with the delivery of an IPM Strategy has not yet been identified. 

·      Integrated Pest Management: Directions Document, Policy and Strategy delivered by December 2018

 

Biodiversity Conservation Strategy

 

A revised Biodiversity Conservation Strategy (BC Strategy) will highlight what Council should do in the next 10-years, what hurdles Council might face, and what Council may need to do to continue to protect and restore Byron’s biodiversity that will be shaped by population growth, consumption patterns and climate change.

 

The revised BC Strategy will aim to serve as a roadmap for Council’s stewardship of our local environment. To guide our planning decisions and policy making in all those areas that has the ability to influence or impact on the environment.

 

Ecosure have been engaged to work with staff in the preparation of a revised BC Strategy.

 

On 1 December 2017 Council resolved (17-622) that the BC Strategy by delivered by end of 2018.

 

Due contractual management delays together with multiple roll outs of environmental planning documents and competing priorities, delivery of the BC Strategy has been further revised. This is irrespective of the Integrated Pest Management: Directions Document, Policy and Strategy.

 

The timetable to deliver the BC Strategy is provided below, refer to Table 1.  However, should Option 2 of the Integrated Pest Management: Directions Document, Policy and Strategy be adopted then the BC Strategy will need to be placed on hold and its delivery fully reviewed.

 

 

 

 

 

 

 

 

 

 

Table 1: Revised timetable for delivery of Biodiversity Conservation Strategy

Stage

Milestone

Estimated Time

Stage 1

17-18FY

Identify & engage a consultant

Complete

Project Inception & Management

Mar 2018

Background & review assessment inc. analyse the Community Survey results 2015

Apr

Defining the problems inc. stakeholder & community engagement

Jun

Stage 2

18-19FY Pending Funds

Priority Actions inc. develop a clear and concise vision statement. Identify new goals and strategies with measureable objectives to cover a period of 10 years

Jul

Draft Biodiversity Conservation Strategy 2019-2023

Nov

Public Exhibition (8-weeks)

28 Jan-22 Mar 2019

Final Biodiversity Conservation Strategy 2019-2023

May

Report to Council for adoption

June 2019

 

 

Pest Animal Management Plan

 

Under the NSW Government Saving our Species – Iconic Koala grant, Council has secured $40,000 to implement priority threat mitigation actions outlined in the draft Byron Coast Koala Comprehensive Plan of Management (KPOM).  In parallel, Council is reviewing its Pest Animal Management Plan (PAP) as well as delivering on a number of other threat mitigation activities as identified in the KPOM. 

 

The University of Technology Sydney and Ecosure have been engaged to work with staff to facilitate community workshops and the preparation of a Pest Animal Management Plan (PAP).

 

A revised PAP will consult with community in March 2018 (17-500) and align with Council Resolution (13-621) in that it will seek to cease or minimise the use of pesticides to manage vertebrate pest animals.  The PAP is on track and due October 2018. 

 

The timetable to deliver the PAP is provided below, refer to Table 2.  However, should Option 2 of the Integrated Pest Management: Directions Document, Policy and Strategy be adopted then additional human resources will be required to keep the deliverables on track, as per Grant Agreement.  Council staff have previously negotiated extended timeframes with the Office of Environment and Heritage, any further delays to the agreed deliverables are unlikely to be granted.

 

Stakeholder and community consultation is due to commence in March 2018 (Res 17-500).

 


 

Table 2: Timetable for delivery of Pest Animal Management Plan

Stage

Key Milestone

Estimated Time

Stage 1

17-18 FY

Social engagement including community workshops 28 March 2018

Mar 2018

Draft plan

Mar-May 2018

Strategic Planning Workshop

5 April 2018

Report to Executive Team & Council recommending public exhibition 

May 2018

Public exhibition & social engagement (6 weeks)

Jun-Aug 2018

Stage 2

18-19 FY

Review submission and finalise documents

Aug-Sep 2018

Report to Council for adoption

Oct 2019

 

The risks and benefits to BS Strategy and PAP, if Option 2 of the Integrated Pest Management: Directions Document, Policy and Strategy are supported are outlined in Table 4 below.

 

Table 4:     Risks and benefits to BS Strategy and PAP, if Option 2 of the Integrated Pest                   Management: Directions Document, Policy and Strategy are supported

Planning document

Risks

Benefits

Byron Shire Biodiversity Conservation Strategy

·      BC Strategy will need to be placed on hold until option 2 nears to an end later in 2018

·      Consultant availability.

·      Councillors and community expectation are not met

·      Budget not fully expended in 17-18FY

·      Nil

Pest Animal Management Plan

·      Additional human resources required to lead the community engagement phase scheduled throughout March  2018

·      Nil

 

Financial Implications

 

If Option 2 of the Integrated Pest Management: Directions Document, Policy and Strategy is supported there will be:

 

·    Increased involvement and demand on the Working Group meetings

·    Increased project management

·    Irrespective of Option 2, additional funds of $40,000 in 18-19 FY will be required for the completion of the IPM Strategy

The Environment Levy 17-18 FY provides funds of $33,300 for the draft Directions Document, Policy and community engagement program. Originally, it was envisioned that the Environment Levy 17-18 FY funds would deliver the Directions Document and a revised Byron Shire Integrated Pest Management Policy and Strategy.  However, in seeking external assistance has been exceptionally challenging, which led to the appointment of Tein McDonald and Associates at a greater cost than expected.

 

Subsequently, if Option 2 of the Integrated Pest Management: Directions Document, Policy and Strategy are supported there will be the following financial implications for the PAP and BS Strategy and PAP:

 

PAP

 

Ø Additional project support officer and administration officer for 1 day a week for 8 weeks over 3 months estimated at $5,600

 

BC Strategy 

 

Ø Document placed on hold – noting if Council wish to precede concurrently an additional project officer will be required – estimated at $40,000.

 

Statutory and Policy Compliance Implications

 

Nil


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.3

 

 

Report No. 4.3             Brunswick Valley Landcare

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2018/377

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Brunswick Valley Landcare is a volunteer organisation supporting and encouraging natural resource management (NRM) in Byron Shire.

 

As well as undertaking numerous NRM projects, it also acts as an umbrella organisation, supporting local Landcare groups and landholders developing their own projects and applying for funds.

 

A Memorandum of Understanding (MOU) exists between Council and Brunswick Valley Landcare (BVL), refer to Attachment 1.

 

One of Council’s inputs in the MOU is to:

 

Facilitate liaison between BVL and Council’s Sustainability and Biodiversity Committee, via either an annual meeting or BVL addressing the meeting.

 

BVL has been invited to present to the Biodiversity Advisory Committee meeting.

 

Council staff recently met with Brunswick Valley Landcare (BVL) representatives regarding:

 

·   the Memorandum of Understanding we have with BVL;

·   changes to grant funding streams which will result in changes to the services BVL provides Council and our community,

·   capacity for Council to increase our level of support to BVL and the local landcare groups they support and their programs such as Land for Wildlife, and

·   opportunity to partner on future grant applications

 

This report provides background information on these conversations.

  

 

RECOMMENDATION:

That the Biodiversity Advisory Committee recommend that Council:

 

1.       Consider the allocation of $15,500 as part of the forward budget process 2018/19 (alongside other Council program and budget priorities) to support the Brunswick Valley Landcare, Landare Support Officer position for 1 day per week to continue to deliver the Land for Wildlife Program and respond to customer enquiries.

 

2.       Work with Brunswick Valley Landcare to review the location and needs of the Locality groups to determine what level of support can be provided.

 

3.       Consider inviting Brunswick Valley Landcare to have a seat on the Biodiversity Advisory Committee.

Attachments:

 

1        Brunswick Valley Landcare (BVL) Memorandum of Understanding (MOU), August 2016, E2018/16789 , page 48  

2        BVL Annual Review 2016-2017, E2018/16784 , page 54  

3        BVL - Land Support Officer summary of outputs 2016-2017, E2018/16781 , page 55  

 

 


 

Report

 

Changes to grants and BVLs services

BVL employs a Landcare Support Officer (LSO) who currently works 3 days per week. The LSO provides a range of services including:

·    supporting 26 local landcare groups restoring land some of which are on council owned or managed land;

·    administering the Land for Wildlife Program

·    organising and delivering workshops on various landcare matters;

·    applying for grants and managing projects

·    responding to customer enquiries that come through Council’s switch for all manner of environmental issues  - refer Attachment 3 for a list of the type of enquiries.

 

Attachment 2 and 3 provide further detail on the services the LSO provided during 2016/17.

 

As part of the MOU, Council provides administrative support (desk, computer, phone & printing) for the LSO to provide the community with support, assistance and access to external NRM funding sources.

 

Due to the presence of the Landcare Support Officer (LSO) in the Council building their role has expanded from the intent of the MOU. They have been seen as the ‘go to’ officer for all manner of wildlife and land management enquiries from our customers.  The LSO took over 104 enquiries in the 2016/17 from our customers.  Attachment 3 list the nature of the calls the LSO received. Of the 104 enquiries less about one half were directly related to BVL’s services and programs. The LSO estimates that customer enquires take up to 3hrs per week.

 

The LSO is also on the Integrated Pest Management Strategy Working Group and has provided Council with fundamental support in the development of the Directions Document.  The LSO has provided 2hrs per fortnight since November 2016 on this working group.

 

The LSO is funded by two grants. One grant finishes 30 June 2018, and will drop the number of work days to one and a half per week. The other grant finishes 30 June 2019 ending the grant funding for this position.

 

BVL advised that they’re have been changes to the Landcare grants program, which will continue to provide support to projects but not landcare support officers.

 

The decrease in LSO work days and eventual loss of the position will result in shifting our customer enquiries to other staff which based on current program and project deliverables will be difficult to accommodate.  Council will need to assume this service for our customers from the 2018/19 financial year. 

 

As such it is recommended that Council consider an allocation of $15,500 to support the Landare Support Officer for 1 day per week to continue to deliver the Land for Wildlife Program and respond to customer enquiries. This investment is considered minimal given the value to staff and community that it currently provides.

 

Increase level of support to BVL

BVL described our rural landowners as a ‘new wave of farmers’ who have the means and keen interest but not necessarily the skills, knowledge or time to effectively manage the land.

 

·    Land for Wildlife Program

The Land for Wildlife Program (LfW), previously run by Council was taken up by BVL when Council’s funding for the Environmental Extension Officer position finished. Land for Wildlife is a voluntary property registration scheme for landowners who wish to manage areas for biodiversity and wildlife habitat. It encourages and assists landholders to include nature conservation along with other land management objectives. It is free to join and is not legally binding. Registration in the scheme will not change the legal status of a property.

Landowner benefits of joining LfW is that there is no cost and the title of the property is not affected and registration puts landholders in touch with like minded people and to receive useful information or invitations to workshops.

Landholders who qualify for registration receive:

·      A site visit from a trained assessors

·      a Land for Wildlife sign in recognition of their commitment to wildlife conservation.

·      ongoing support and advice through – workshops, field days, newsletters.

BVL have requested if Council could support them to continue to provide the Land for Wildlife program.

 

·    Landcare Locality Groups

BVL governs 20 local landcare groups and provides access to insurance, information, funding and equipment. Some of these groups undertake work on council owned or managed land and they include five Dunecare groups at: Main Beach Byron; South New Brighton; South Golden Beach, Brunswick Heads and Suffolk Park.

 

For a full list of groups and their location refer to http://brunswickvalleylandcare.org.au/join-a-locality-group/

 

Each group requires a financial start up commitment of $1500 to $2000 to provide first aid kit and training, tools and equipment and chemical certificate training, if required. Thereafter $500-600 is required per group for certificate recertification. The Dunecare groups are already in part supported by Council funding through Infrastructure Services. BVL have requested if Council could support the groups on Council land.  There are 15 groups undertaking work on council owned or managed land, including the 5 dunecare groups.  A new group at Cemetery Road, Byron Bay has just established requiring a higher level of financial support.

 

It is recommended that Council work with BVL to review the location and needs of the Locality groups to determine what level of support can be provided.

 

Grant partnership

BVL apply for grants that also benefit Council land. For example, a DPI Habitat Action Grant for Casons Rd, New Brighton enabled erosion control to be installed along the creek line, weeding control and tree planting. Council through the Bush Regeneration Team assisted with the works.

 

Staff discussed supporting BVL with two grant applications:

1.   Restoration and Rehabilitation Program 2018: provide assistance to BVL who would take the lead on the application. It is anticipated that the application would seek financial assistance (devolved grants) to support landowners in the Shire to manage their land sustainably.

 

2.   Smart Farms: work with BVL as part of a consortium to prepare an application prior to applications opening at the end of the year. It is anticipated that the application would seek funding to support the Land for Wildlife Program over the next 4 years (and up to $4million can be sought). There may also be synergies with Zero Emissions Byron aim to offset the communities emissions through a tree planting scheme and this grant may also support this endeavour.

 

 

Summary

 

BVL provide a valuable service to both Council and the community. They directly support our landowners and enable interested community members to get involved in caring for our public spaces. Byron Shires natural environment has been greatly enhanced through the efforts of this mostly volunteer group. The loss of their services will be felt by both council and the community.

 

BVL directly deliver services that support the actions in Councils Rural Land Use Strategy, Biodiversity Conservation Strategy and our goal of zero emissions.

 

It is recommended that BVL be invited to have a seat on the newly formed Biodiversity Advisory Committee; and that the Executive Team consider the allocation of $15,500 to support the Landare Support Officer for 1 day per week to continue to deliver the Land for Wildlife Program and respond to customer enquiries; and that Council work with BVL to review the location and needs of the Locality groups to determine what level of support can be provided.

 

 

Financial Implications

 

To support BVL in the delivery of existing services, Council consider the allocation of $15,500 in the 2018/19 financial year. This amount would be a new budget bid and as such would need to be considered along side other Council budget and program commitments and priorities.

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.3 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.3 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.3 - Attachment 3

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.4

 

 

Report No. 4.4             Future Meeting Agendas

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2018/390

Theme:                         Ecology

                                      Planning Policy and Natural Environment

 

 

Summary:

 

The Biodiversity Advisory Committee has 4 meetings scheduled in 2018, in addition to today’s meeting.

 

This report is to consider future agenda items to ensure the Committees meetings are productive.

 

 

 

  

 

RECOMMENDATION:

That the Biodiversity Advisory Committee consider the future meeting schedule in Table 1 of this report.

         

 

 

 

 

 


 

Report

 

Council resolved (Resolution 18-114, relevant parts only) at the 22 February 2018 meeting:

 

4.    That Council adopt the meeting scheduled for [the] advisory group as follows:

 

Biodiversity Advisory Committee

·     First week of March 2018 subject to nominated councillor availability

·     2pm 12 April 2018

·     2pm 14 June 2018

·     9am 11 October 2018

·     9am 20 December 2018

 

5.       That an amount of $3,000 is considered in the 2018/19 budget to support the committee meetings.

 

The report advised:

 

….some meetings may engage professionals to present on a particular subject of relevance to the committees and some may use different meeting formats such as field days and workshops. An amount of $3,000 is required, to support the committee meetings.

 

Table 1: Agenda items are proposed for future Committee meetings:

Meeting Date

Agenda Items

12 April 2018

Integrated Pest Management draft Directions Document and Policy  - discussion on draft documents and public exhibition activities

 

14 June 2018

Agri-environment project visits:

1. Wilsons creek: which has transformed a camphor forest into an incredibly diverse property-and has been the subject of a great doco- this can show us how we can work with camphor and get outstanding riparian outcomes

2. Kings road Federal: removal of a camphor forest and planting of approx. 100, 000 diverse cabinet timber trees for possible future selective forestry

3. Ewingsdale- massive scale wetland creation  and tree planting

4. Rex Harris’ land-outstanding example of best practice farming using biochar and other soil enriching practices. 

 

Property visits pending confirmation with landowners.

 

Open to all Councillors to attend.

 

Pest Animal Management Plan – Report on outcomes of community engagement activities to date

 

Biodiversity Conservation Strategy – Report on community engagement activities

11 October 2018

Integrated Pest Management Strategy  - workshop on draft Strategy*

 

Pest Animal Management Plan – summary of planning process and final plan

 

Biodiversity Conservation Strategy – Report on progress

 

20 December 2018

Biodiversity Conservation Strategy - discussion on draft document and public exhibition activities

 

Integrated Pest Management Strategy  - discussion on draft document and public exhibition activities

* The Integrated Pest Management Strategy public submission report will be tabled with the Committee in April 2019

 

Financial Implications

 

Council resolved to consider a budget allocation in the 2018/19 budget to support both the Biodiversity and Advisory Committee and the Sustainability and Emissions Reduction Committee

 

Statutory and Policy Compliance Implications

 

Nil