Agenda of Byron Shire Floodplain Risk Management Committee Meeting

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

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 North Byron Floodplain Risk Management Study and Plan

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2018/241

Theme: Community Infrastructure

Emergency Services and Floods

Summary:

Council have now awarded the North Byron Floodplain Risk Management Study and Plan to WMA Water and initial work has begun. The following is provided as an update on works to date.

RECOMMENDATION:

That the committee note the report.

Attachments:

1 North Byron FRMS&P - WMA Draft North Byron Flood Model Review Memorandum, E2018/16972 , page 6⇩

2 North Byron FRMS&P - WMA Draft Model Update Memo, E2018/16970 , page 6⇩

3 North Byron FRMS&P - WMA Flood Level Survey Overview Memo, E2018/16973 , page 6⇩

Report

Council have now awarded the North Byron Floodplain Risk Management Study and Plan to WMA Water and initial work has begun. The following is taken from the WMA Water website.

WMAwater was established in 1983. We work with a wide range of clients with water management responsibilities including all levels of government, water supply and management utilities, water infrastructure owners, and developers.

We're recognised experts in flood and water management, working closely with industry and researchers to develop technical guidelines and policy in our fields. This gives us a deep understanding of the latest technical and regulatory best practice, which we apply to successfully deliver solutions for our clients.

We're a dynamic consultancy with a long history of assisting our clients to develop long term strategies and designs to understand and manage risks and optimise the use of water resources.

With over 30 technical staff we have the resources for a wide range of project sizes and the flexibility to respond quickly to our clients’ needs, ensuring that projects are delivered within required timeframes. We provide our clients with direct access to the staff who are working on their project, encouraging collaboration and knowledge transfer, resulting in project outcomes that meet clients’ requirements.

More information can be found at https://www.wmawater.com.au/

Project Update

Since awarding the contract to WMA the following work has been completed:

1. Reviewed all previous reports and data provided by Council.

2. Reviewed the existing hydrologic and hydraulic models

3. Reviewed the terrain and structure’s in the models

4. Assessed the floor level survey needs and numbers of houses to be surveyed

5. Reviewed the available flash flood warning systems

The following is provided to update the committee on the findings of this work.

Model review report

WMA have completed an extensive review of the North Byron Flood Model. The results of this review are provided as a draft memorandum report at attachment 1.

Further to the review a draft Flood Model Update memorandum is provided at attachment 2. This updates the committee on the changes which have been made to the model and the further changes which are planned.

This information will be further reported and discussed with the committee via a presentation at the meeting.

Floor Level Survey

An integral part of the Risk Management Study is the development of a property dataset. This dataset provides important information that will inform the flood damages assessment for various flood mitigation options that will be modelled later in the project.

Attachment 3 provides an update to the committee on the planned method of data capture and the area being covered by this dataset.

This work is currently out for quotation and is programmed to begin as soon as possible.

Flash Flood Warning systems Options Review

At the request of Council this review has been brought forward in the project because Council is proposing to submit a grant application in June for a flash flood warning system.

The exact details and works proposed within this grant have not been finalised and this review will help finalise those works. The grant application may involve automated road flooded warning signs for hot spots within the shire, but that is yet to be decided.

WMA will provide a presentation to the committee at the meeting regarding this item.

Flood Gauge at Federation Bridge

On 14^th February 2018 Council staff and contractors repaired and moved the manual flood gauge that is on the downstream side of Federation Bridge in Mullumbimby. The gauge is now set the Brunswick River Flood Datum, which is within 30mm of Australian Height Datum.

The manual gauge now reads the same level that can be found on the BOM website. This will prevent any community confusion in the future.

Pictures of the works are provided on the next page.

Financial Implications

No financial implications for consideration by the committee.

Statutory and Policy Compliance Implications

NSW Councils are expected to prepare Floodplain Risk Management Studies and Plans for flood prone catchments within their local government areas. These documents must be prepared in accordance with State Government Policy.

The NSW Floodplain Development Manual 2005 is the current policy used by State Government for the preparation of such documents. This project is following the methods prescribed in the NSW Floodplain Development Manual for completing Floodplain Risk Management Studies and Plans.

Venue	Council Chambers, Station Street, Mullumbimby
Date	Wednesday, 14 March 2018
Time	4.00pm