Agenda of Coastal Estuary Catchment Panel 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 Management and Reporting for the 24 Hectare Melaeuca Plantation at the Byron Bay STP

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2018/413

Theme: Community Infrastructure

Sewerage Services

Summary:

At the last panel meeting it was requested the panel receive the Management Plan for the Byron Bay 24 Hectare Melaleuca Regeneration site. The plan is attached.

RECOMMENDATION:

That the panel note the report.

Attachments:

1 Final (2007) 24ha Operations & Management Document PDF version Word version for edits is 666967, DM666975 , page 6⇩

Report

At the last panel meeting it was requested the panel receive the Management Plan for the Byron Bay 24 Hectare Melaleuca Regeneration site. The plan is attached

Financial Implications

The costs of implementing the plan are included in the Sewer operational budget.

Statutory and Policy Compliance Implications

This project and ongoing operation is in accordance with the current 2006 adopted Byron Bay Effluent management Strategy.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1 - Attachment 1

PDF Creator

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Alternative / Additional Flowpath BBSTP

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2018/417

Theme: Community Infrastructure

Sewerage Services

Summary:

There are no constraints to utilising the identified alternative flowpath through the West Byron Arts and Industry Estate and an assimilation pathway for the excess recycled water from the Byron Bay Sewage Treatment plant.

Council should now proceed with formal applications and detailed engineering for the alternative flowpath.

RECOMMENDATION:

That Council allocate $250,000 for detailed design and formal application for the Byron Bay Sewage Treatment Plant Alternative Flowpath project.

Attachments:

1 Alternative Additional Flowpath BBSTP, E2018/18165 , page 176 ⇩

Report

At the Council meeting 26/10/2017 Council resolved:-

that Council consider the “Bayley Report” as amended after the Panel meeting 28 September complete, and use it as the basis for application for permissions from various authorities (including BSD Union) to introduce a second drainage path as described by Option 2 of the Report. (Lyon/Ndiaye)

The attached Investigation report has been prepared in response to this resolution. It has been given to the Belongil Swamp Drainage Union for comment. Essentially is has confirmed there are no impediments to pursuing the identified alternative flowpath through the West Byron Arts and Industry drainage system.

Council should now proceed to full engineering design and formal application to the relevant authorities to utilise this alternative flow path for recycled water.

Financial Implications

A budget of $250,000 will need to be allocated from the Sewer reserves to undertake this phase of the project. This sum does not include construction.

Statutory and Policy Compliance Implications

Environment Protection licence 3404 and Local Government Act Section 60 and Water Management Act 2000.

Venue	Council Chamber, Station Street, Mullumbimby
Date	Thursday, 15 March 2018
Time	2.00pm