Notice of Meeting
Coastal Estuary Catchment Panel Meeting
A Coastal Estuary Catchment Panel Meeting of Byron Shire Council will be held as follows:
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Venue |
Meeting Room 1, Cavanbah Centre |
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Date |
Thursday, 27 September 2018 |
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Time |
2.00pm |
Phil Holloway
Director of Infrastructure Services I2018/1792
Distributed 20/09/18
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
Coastal Estuary Catchment Panel Meeting
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Coastal Estuary Catchment Panel Meeting held on 15 March 2018
4. Staff Reports
Infrastructure Services
4.1 Water Sensitive Urban Design Policy Strategy................................................................ 4
4.2 Belongil Entrance Opening Strategy Update.................................................................. 32
Staff Reports - Infrastructure Services 4.1
Staff Reports - Infrastructure Services
Report No. 4.1 Water Sensitive Urban Design Policy Strategy
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2018/957
Theme: Community Infrastructure
Local Roads and Drainage
Summary:
At Council’s meeting of 22 March 2018, Council resolved to develop a financially sustainable strategy to embed and mainstream Water Sensitive Urban Design (WSUD) into Council's planning instruments and policies.
This report provides an update on this project.
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RECOMMENDATION: That the committee note the report.
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1 Water
Sensitive Urban Design WSUD Policy and Strategy Request for Quotation, E2018/56771 ,
page 8⇩ 
Report
At Council’s meeting of 22 March 2018, Council resolved Res 18-178:-
1. That Council develop a financially sustainable strategy to embed and mainstream Water Sensitive Urban Design (WSUD) into Council's planning instruments and policies.
2. That formulation of the Strategy consider fundamental changes in various development area ratios to retain pervious areas instead of increasing catchment runoff.
3. That the changes made under this strategy on WSUD aim to:
• reduce flood risk in urban areas
• improve water quality in streams, waterbodies and groundwater
• consume less of our water resources
• reduce the cost of providing and maintaining water and sewer infrastructure
• protect and restore aquatic and riparian ecosystems and habitats; and
• protect the scenic, landscape and recreational values of streams and other waterbodies.
4. That the WSUD Strategy generates changes that:
• promote and encourage WSUD in urban areas
• provide guidance and support for businesses and residents to implement WSUD
• give incentives for the implementation of WSUD in new and existing development
5. That progress on the WSUD Strategy be reported to each Water, Waste and Sewerage Advisory Committee and the Coastal Estuary Catchment Panel quarterly meeting, starting with their next meetings in June 2018.
6. That Council allocate $25,000 in its 2018-19 budget for the development of a strategy.
Councils adopted budget for financial year 2018/19 includes the above budget.
Staff have prepared a scope of works for this task which was sent out to five local consultants to price. The scope of works can be found at attachment 1.
Consultant BMT WBM have now been engaged to prepare a WSUD policy and strategy for Byron Shire. BMT WBM were engaged on the 30 August 2018, therefore, timelines were not available to provide a detailed report to the committee prior to Septembers meeting, however, BMT WBM will present to this meeting.
The purpose of this meeting is to introduce the committee to WSUD, discuss typical strategies used by other Council’s, discuss a draft Policy Statement and enter into a group discussion that seeks to understand the committees desires and preferences for the draft strategy.
A draft strategy will follow at the next committee meeting for further discussion and fine tuning.
Due to the above short timelines it recommended that the committee make use of some online resources. An excellent resource for the committee to use prior to the meeting is http://hlw.org.au/initiatives/waterbydesign and in particular http://hlw.org.au/initiatives/waterbydesign/water-sensitive-urban-design-wsud whilst this information covers the South East Queensland area rather than Northern NSW, it is an excellent resource that is relevant to our climate when compared to information more suited to Sydney and the climate of the majority of NSW.
Financial Implications
There are no financial implications at this stage. The contract cost is below the allocated budget.
Statutory and Policy Compliance Implications
There are no Statutory and Policy Compliance Implications at this time.
Staff Reports - Infrastructure Services 4.2
Report No. 4.2 Belongil Entrance Opening Strategy Update
Directorate: Infrastructure Services
Report Author: James Flockton, Drain and Flood Engineer
File No: I2018/1654
Theme: Infrastructure Services
Emergency Services and Flood Management
Summary:
Consultants Alluvium have been successful in being awarded the contract to prepare the Belongil Creek Entrance Opening Strategy.
Progress to date is provided within this report along with the draft initial findings report.
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RECOMMENDATION: That the committee note the report.
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1 Belongil
Creek entrance opening strategy initial findings report preliminary draft -
September 2018, E2018/76730 ,
page 34⇩
Report
Consultants Alluvium have been successful in being awarded the contract to prepare the Belongil Creek Entrance Opening Strategy for Council.
Staff have held an inception meeting with Alluvium, which included a tour of the catchment and the mouth of Belongil Creek.
Following the inception meeting Alluvium have completed the following work:
1. Developed a work plan for the project
2. Reviewed background information and documents
3. Completed stakeholder mapping and started initial contact with some
4. Stakeholder and community engagement plan
5. Catchment physiology and coastal processes assessment
6. Assessment of flooding and flow dynamics
7. Water quality data review – further data to be consolidated and reviewed before this is complete
8. Ecological assessments
9. Review of historical and existing management processes
10. Preparation of community engagement material has started
The result of this work is provided the draft initial findings report which can be found at attachment 1.
The report is preliminary and the findings will also be presented to the panel at the meeting.
Time to make comment and raise questions will be provided during and after the presentation.
Financial Implications
There are no financial implications to this report.
Statutory and Policy Compliance Implications
There are no statutory or policy compliance implications to this report.
