Agenda of Biodiversity Advisory 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 - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Broken Head Reserve and Seven Mile Beach Road

Directorate: Sustainable Environment and Economy

Report Author: Sharyn French, Manager Environmental and Economic Planning

Evan Elford, Team Leader Infrastructure Planning

File No: I2018/1734

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Council at the 23 August 2018 meeting considered a report on recent and future actions regarding ongoing issues associated with traffic and parking management at Broken Head Road and Seven Mile Beach.

A request was received from a Committee member to provide further information on the effects of silt running from the Seven Mile Beach Road into the Broken Head Nature Reserve, and the associated dust from the road affecting the native flora and fauna in dry times.

The view of the Committee member is that Broken Head Nature Reserve and private properties in Broken Head have one of Australia’s highest recognised levels of native biodiversity, yet for years the silt and dust from Seven Mile Beach Road has, and continues to run into the Reserve and onto private properties as a pollutant.

RECOMMENDATION:

That the Biodiversity and Advisory Committee note this report.

Report

Council resolved:

Resolution 18-554

1. Note the work and stakeholder commitment to date on the issues and endorse the future actions and investigations for Broken Head Reserve, Seven Mile Beach Road and Broken Head Reserve Road

2. Provide a report providing information on the following;

a. An investigation, design and cost assessment of parking and traffic management on Broken Head Reserve Road with a view to utilise any funds raised to fund fully sealing Seven Mile Beach Road.

b. The car parking management option of establishing a ticketing system at the entrance to Seven Mile Beach Road

c. The creation of a shared road sealed road that commences at Seven Mile Beach Rd and Reserve Rd intersection and continues until King’s Beach Carpark.

d. The development of a locality plan for Broken Head Reserve Road from Broken Head Road to the intersection with Seven Mile Beach Road, that addresses

i. Key ecological, safety and compliance issues

ii. A draft budget and the availability of S94 funding

iii. The establishment of a working group and identification of key stakeholders, including the Arakwal Corporation and state government agencies

A committee member request was received to provide further information on the effects of silt running from the Seven Mile Beach Road into the Broken Head Nature Reserve, and the associated dust from the road affecting the native flora and fauna in dry times.

Council has approximately 100km of unsealed gravel roads throughout our LGA.

Gravel roads will generate dust and water borne silt through the effects of natural weather erosive forces (wind and rain) and also by the effects from traffic.

The only definitive method to minimise the dust and silt impacts of an unsealed gravel road are to construct and seal the road pavement and ensure full vegetation cover on the road shoulders. This will minimise, not stop, these impacts as there is still runoff from a sealed road, through pavement defects, roadside table drains and the like.

As advised in the attachment to the report to Council on 23 August 2018, the estimated costs to construct and fully seal Seven Mile Beach Road are in the range of $3 to $4.4M. This would need to be further refined by the allocation of funding by Council to investigate and design the road construction works, through concept and detailed designs.

There have been no specific studies by Council in the recent past on any impacts on the vegetation adjoining the unsealed road pavement of Seven Mile Beach Road. Again the allocation of a budget by Council would be required to undertake such a study.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Brunswick Valley Landcare - Landcare Support Officer Report

Directorate: Sustainable Environment and Economy

Report Author: Sharyn French, Manager Environmental and Economic Planning

File No: I2018/1748

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

The Biodiversity Advisory Committee considered a report at the 12 March 2018 meeting on the services that Brunswick Valley Landcare provide to Council and the community and the changes to grant funding that enables these services.

The Committee recommended that Council consider an allocation of funds in the 2018/19 budget to support the Brunswick Valley Landcare, Landcare Support Officer position for 1 day per week to continue to deliver the Land for Wildlife Program and respond to customer enquiries.

Funds were subsequently allocated in the 2018/19 budget.

This report tables the activities of the Landcare Support Officer for the July to September period.

RECOMMENDATION:

That the Biodiversity Advisory Committee notes the report.

Attachments:

1 Landcare Support Officer report September 2018, E2018/75604 , page 9⇩

Report

Council supported this funding and attached is the report from the Landcare Support Officer for the Committees reference.

Financial Implications

Funding allocated in 2018/19 budget.

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.3

Report No. 4.3 Coastal and Biodiversity Projects Update

Directorate: Sustainable Environment and Economy

Report Author: Sharyn French, Manager Environmental and Economic Planning

File No: I2018/1756

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

This report provides a short update on the key coastal and biodiversity projects. The Project Manager for each project will provide further updates at the meeting to inform Committee discussion.

RECOMMENDATION:

That the Biodiversity Advisory Committee notes the report.

Attachments:

1 Brown et al 2018 Assessing the validity of crowdsourced wildlife observations ACCEPTED, E2018/76195 , page 15 ⇩

Report

Coastal Key projects

Coastal Management Program (Stage 1) Scoping Studies

Council has been successful in receiving grant funding from OEH to assist in the development of a Scoping Study. The Study is the first stage in preparing a Coastal Management Program for two locations:

· The Northern Shire Beaches comprising Brunswick Heads Beach, New Brighton Beach and South Golden Beach, excluding the Brunswick Estuary (the Brunswick River/Estuary will be considered in the future on a priority basis and as resources permit).

· The Byron Bay Embayment including the beaches from Cape Byron to Tyagarah, including the Belongil Estuary.

The Scoping Study will be completed in accordnace with the new coastal legislation, the Coastal Management Act 2016 and the NSW Coastal Manual. In this first stage issues and opportunties will be identified along with assessment of the adequacy of the current management arrangements for the project locations. This will include a review of priorities, triggers for change and current and planned actions. The project kicks off at the end of September 2018 and will involve Councillor and community consultation throughout delivery.

Belongil Estuary Entrance Opening Strategy

This project is primarily delivered by the Infrastructure Services team as the Belongil Estuary entrance (mouth of the creek) is opened for flood mitigation purpose. However outcomes of the project will directly influence the development of a Coastal Management Program for the Byron Bay Embayment and preparation of the Scoping Study (as outlined above).

Council has been opening the Belongil Estuary for approximately 60 years and formalisation of a sustainable long-term Entrance Opening Strategy will determine key responsibilities for management of the entrance in close consultation with the community and public agencies. One of the primary objectives of the Strategy is to minimise interference with natural entrance opening processes and minimise impacts on ecological processes and communities. Council has engaged a consultant for this large project with the initial Findings report due to be presented to the Coastal and Estuary Catchment Panel at the end of September.

Biodiversity Key Projects

Integrated Pest Management Strategy and Policy

Council adopted the Integrated Pest Management Policy (IPM) at the 23 August meeeting. The Policy will guide the development of a IPM Strategy which will provide a practical framework that aligns with both Council’s statutory obligations and community needs. Work on the draft Strategy has commenced. A Research Officer has been engaged to support development of the Strategy.

The Strategy will carefully consider all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and reduce or minimise risks to human health and the environment

The Strategy will establish local priorities for pest species and areas to be managed and will include an action plan outlining timeframes and responsibility for implementation. It is intended to inform, consult and involve community in this process.

Pest Animal Management Plan

Council‘s draft Pest Animal Management Plan finished being publicly exhibited on the 21 September. Our draft Plan has been prepared in accordance with the NSW Biosecurity Act 2015 and Local Land Services Act 2013 and consultation with the community, to manage pest animals in our Shire

The Plan looks at the problem of pest animals and ways to address and manage their impacts primarily on Council-managed land particularly in the areas of prevention, eradication, containment and asset protection.

Meanwhile, Council has engaged a professional private trapper to target wild dogs, foxes and feral cats on Council managed land.

Biodiversity Conservation Strategy

The staged review of the Plan continues with recent farmers meeting held in Huonbrook on 5 September. This meeting was designed to better understand the needs of our farmers in caring for country and how Counciil can support them.

A draft Strategy is expected to be exhibited in early 2019.

Koala Plan of Management

Council’s draft KPOM has been with the Department of Planning and Environment since 2016. Their approval has been held up pending the SEPP 44 review.

Irrespective of the state governments endorsement of the plan, actions are being implemented via five current projects and partner projects, including:

· Implement a Dog’s Breakfast event to encourage responsible domestic dog ownership in areas of koala habitat

· Continue working with 5 landowners to restore and enhance koala habitat

· Undertake 250hrs of bush regeneration in areas of remnant vegetation to existing koala habitat

· Conduct a workshop to educate and raise awareness of koala and threatened species issues

· Assist in the development of regional scale actvities to promote koala conservation

Additionally, and through the North Coast Koala Linkage Project Council staff have susscussful co-authored two scientific papers from this research focused work in the journal of

Biological Conservation, a leading international journal in the discipline of conservation science.

This first published paper, assesses the validity of crowdsourced wildlife observations for conservation using public participatory mapping methods (Attachment 1 E2018/76195) October 2018). Highlights

· Evaluates validity of crowdsourced observation data for wildlife conservation (koala)

· Compared accuracy of citizen observations against authoritative koala distribution model

· Analysed citizen characteristics as predictors of koala observation accuracy

· Found significant spatial association between citizen observations and koala model

· Participant knowledge of koalas, age, length of residence, and formal education were related to observation accuracy

The second paper, to be published later in 2018, explores the integration of social spatial data to assess wildlife conservation opportunities and priorities. Highlights

· A novel, socio-ecological approach for identifying conservation opportunity that spatially connects landscapes with community preferences to prioritise investment in koala recovery and monitoring strategies at a regional scale

· Important research questions regarding the design, collection, and analysis of crowdsourced mapping data and its utility for identifying socially acceptable conservation opportunities were addressed

· Found ecological, social, and economic criteria included in the conservation assessment, contributed different information with the social acceptability criterion exerting the greatest influence on spatial conservation priorities.

· The systematic assessment of social criteria for conservation using spatial surveys provides information that can be integrated with ecological and economic information to prioritize conservation opportunities across a range of land uses and tenure

Flying Fox Camp Management

Implementation of the Byron Shire Flying-fox Camp Management Plan has commenced. Actions include:

· Undertake quarterly flying-foxes surveys as part of the National Flying-fox Monitoring Program

· Appointed a Project Support Officer

· Establish and implement a Project Reference Group

· Undertake community engagement activities

· Been awarded a grant of $79,050 under the 2018 round of the Restoration and Rehabilitation program. This grant is for the delivery of the project entitled Flying Improvement – working towards flying-fox and community coexistence, due to commence later in 2018.

Byron Bay Dwarf Graminoid Clay Heath

Over the last decade, Council funds, together with State Government and private contributions have enabled the restoration work. Actions in 2018-19FY are being implemented via the Clay Heath Management Plan and include

· Improving community updates on our restoration activities

· Undertaking 1-3-6-month post burn weed control at Paterson Hill East Water Tower site and installing educational signage and fencing.

· Follow up weed management and tree removal across all sites on Council-managed land.

Disappointingly, Council were not successful on its grant application under the Public Reserves Management Fund Program under which Council submitted a funding application to the value of $10, 000 for continued restoration activities.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.4

Report No. 4.4 Minutes of previous meeting held 14 June 2018

Directorate: Sustainable Environment and Economy

Report Author: Michelle Chapman, Project Support Officer

File No: I2018/1921

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

The minutes of the previous Biodiversity Advisory Committee meeting held on 14 June 2018 and referred to at Item 3 of this meeting’s agenda, are attached.

RECOMMENDATION:

That the Biodiversity Advisory Committee note the minutes of 14 June 2018 meeting which were reported to 2 August Council meeting.

Attachments:

1 Minutes 14/06/2018 Biodiversity Advisory Committee, I2018/1104 , page 28 ⇩

Report

The minutes of the previous Biodiversity Advisory Committee meeting held on 14 June 2018 are attached and available at:

https://byron.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/06/BAC_14062018_MIN_872.PDF

The minutes were reported to 2 August Council meeting, resulting in resolution:

18-457 Resolved that Council note the minutes of the Biodiversity Advisory Committee Meeting held on 14 June 2018.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.4 - Attachment 1

Minutes of the Biodiversity Advisory Committee Meeting held on Thursday, 14 June 2018

File No: Error! Unknown document property name.

PRESENT: Cr C Coorey, Cr S Ndiaye, Cr S Richardson, Cr A Hunter, Cr B Cameron

Staff: Sharyn French (Manager Environmental and Economic Planning)

Community: Peter Westheimer, Greg Shanahan

Invited guest: Tony Kenway

The meeting was held as a bus tour to a 40 acre wetland project (cabinet timber and rainforest regeneration) at Seapeace, Ewingsdale as an example of best practice of an agri-environment project.

Apologies:

Cr J Martin, Luke McConell

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

The minutes of the meeting held on 30 April were resolved by Council at the Ordinary Meeting held on 24 May 2018.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

There being no further business the meeting concluded at 4.30pm.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.5

Staff Reports - Infrastructure Services

Report No. 4.5 Suffolk Beachfront Holiday Park Dog Friendly Status

Directorate: Infrastructure Services

Report Author: Pattie Ruck, Open Space Facilities Coordinator

File No: I2018/1889

Theme: Infrastructure Services

Suffolk Park Holiday Park

Summary:

Council Resolved on 20 September 2018.

18-625 Resolved:

1. That Council adopt Suffolk Beachfront Holiday Park as a Dog Friendly Park in accordance with the dog friendly site map, during off peak times

2. Request that the Biodiversity Advisory Committee provide an assessment on potential impacts of the change in status of the Suffolk Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment

3 That Council increase ranger patrols in this area, as per availability, to ascertain any increased non-compliance

(Spooner/Hackett) .

Upon adoption of this Dog Friendly Park Council requested the attached report 13.19 (I2018/1269) be sent to the Biodiversity Advisory Committee for assessment on potential impacts of the change in status of the Park on the surrounding environment.

RECOMMENDATION:

That the Biodiversity Advisory Committee note the report and provide feedback on the potential impacts of the change in status of the Suffolk Beachfront Holiday Park to a Dog Friendly Park on the surrounding environment.

Attachments:

1 REPORT 20 09 2018 COUNCIL SUFFOLK BEACHFRONT HOLIDAY PARK DOG FRIENDLY REPORT, E2018/81753 , page 33 ⇩

2 Pet Friendly Park Terms and Conditions - Guests to understand and sign - July 2018, E2018/57756 , page 42⇩

Report

Upon adoption of Suffolk Beachfront Holiday Park as a Dog Friendly Park, Council requested the attached report 13.19 (I2018/1269) be sent to the Biodiversity Advisory Committee for feedback on potential impacts of the change in status of the Park on the surrounding environment.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Included in attached report 13.19 (I2018/1269).

Venue	Conference Room, Station Street, Mullumbimby
Date	Monday, 15 October 2018
Time	3:15pm

Venue	Bus Field Trip - Ewingsdale
Date	Thursday, 14 June 2018
Time	2.00pm