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 - Committee Meeting Two

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2018/896

Theme: Community Infrastructure

Emergency Services and Floods

Summary:

WMA Water have completed further works on various parts of the North Byron Floodplain Risk Management Study and Plan. This work is provided for committee review, consideration, discussion and approval.

RECOMMENDATION:

That the Byron Shire Floodplain Management Committee recommend:

1. Council approve the recommended changes to the North Byron flood model as recommended in Attachments one (E2018/40963), two (E2018/40965) and three (E2018/41015) of this report.

2. Council approve the following flood mitigations options as part of the phase one flood mitigation assessment process including:-

· Dredging of the key areas of the creek system

· Changes to key parts of the rocks wall at Brunswick Heads (2 options)

· One Flood Outlet through the dunes north of South Golden Beach

· One Flood Outlet between New Brighton and the Brunswick River mouth

· A combination of the two Flood Outlets

· A Flood Levy for Mullumbimby

· A Flood Levy for Billinudgel

Attachments:

1 North Byron FRMS&P - WMA Water - Bend Loss Sensitivity memo, E2018/40963 , page 8⇩

2 North Byron FRMS&P - WMA Water - Initial Loss and Continuing Loss Sensitivity memo, E2018/40965 , page 22⇩

3 North Byron FRMS&P - WMA Water - Model Review memo, E2018/41015 , page 31⇩

Report

WMA Water have been working towards finalising various tasks to be completed in the early phases of this project. The following is provided as an update and seeks committee agreement to proceed with the recommendations from the memo’s attached.

The information provided will be presented at the Committee meeting and all members will have the opportunity to comment.

Bend Losses

WMA Water have prepared a memo providing the results of their Bend Loss sensitivity investigation for the river bend in Mullumbimby. The memo is provided in attachment 1 for the committee’s consideration.

The memo has various findings and recommends some changes be made to the flood model for the purposes of running design flood events and the flood mitigation options assessment.

WMA Water will answer questions regarding the results of this assessment at the committee. Staff recommend that the proposed changes be implemented as recommended.

Initial Loss and Continuing Loss

WMA Water have prepared a memo providing the results of their Initial Loss and Continuing Loss sensitivity investigation. This investigates rainfall losses into the ground at the begining of an event and during an event The memo is provided in attachment 2 for the committee’s consideration.

The memo has various findings and recommends some changes be made to the flood model for the purposes of running design flood events and the flood mitigation options assessment.

WMA Water will answer questions regarding the results of this assessment at the committee. Staff recommend that the proposed changes be implemented as recommended.

Finalise Model Review / Update

WMA Water have now finalised the flood model review memo that was provided in draft form at the previous committee meeting. The memo is provided in attachment 3 for the committee’s consideration.

The memo has various findings and explains a number of changes that have been made to the flood model. These changes are complete and will be used when running design flood events and the flood mitigation options assessment.

Additional to this discussion with OEH have led to Council submitting a small variation to the contract which involves nesting a smaller sized cell grid over Ocean Shores and South Golden Beach area. A smaller cell grid will increase model accuracy in these urban areas and therefore improve the accuracy of design flood level and the results of mitigation option assessment. Staff are awaiting OEH to approve this variation before instructing WMA to nest the smaller cells.

WMA Water will answer questions regarding the results of the update at the committee.

March 2017 Event Review

WMA Water have begun reviewing and modelling the March 2017 flood event, this includes the calibration of the model using the survey marks from this event.

Finalisation of this stage is awaiting OEH approval of the nested grids variation discussed above. WMA will be developing this work in the days before the planned committee meeting and this will potentially include the nested grids, therefore, all information will be provided to the committee at the meeting, in order to ensure the committee receive the most up to date information.

Community Survey

The community survey for this project is currently available on Council’s website. Submissions close at the end of June 2018.

Flood Mitigation Options – Phase One

It is proposed to complete the flood mitigations option investigation in two parts. Initially phase one completes assessments on the options which are considered imperative to the success of the project. Phase two will consider additional options once the community survey process is complete and the results discussed with the committee.

During phase one the following mitigation options are proposed and are open for discussion at the committee meeting:

1. Dredging of the key areas of the creek system

2. Realignment and changes to rock wall between Marshalls Creek and Brunswick River

3. One Flood Outlet through the dunes north of South Golden Beach

4. One Flood Outlet between New Brighton and the Brunswick River mouth

5. A combination of the two Flood Outlets

6. A Flood Levy for Mullumbimby

7. A Flood Levy for Billinudgel

8. Overland flowpath for Avocado Crs and Grevillia Ave

9. No Fill Zones

10. Billinudgel – Drainage Improvements

It is recommended that the phase one assessment consider options 1 – 7. Further options can be considered in the phase 2 assessment.

Floor Level Survey

The costs and survey methods for the floor level survey were discussed at the previous committee meeting. Following these discussions, WMA Water, OEH and Council staff agreed upon the most cost effective way of obtaining the required floor level data. This data is key to the project because it is used to calculate the average annual damages for flood events and in turn provides and cost benefit analysis of the modelled flood mitigation options.

Completion of the floor level survey is currently awaiting OEH approval due to the works requiring a grant variation. Works will began as soon as practical, once this approval has been provided by OEH.

Financial Implications

There are no financial implications.

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	Conference Room, Station Street, Mullumbimby
Date	Thursday, 14 June 2018
Time	9.00am