Notice of Meeting

 

 

 

 

 

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Sustainability and Emissions Reduction Advisory Committee Meeting

 

 

An Sustainability and Emissions Reduction Advisory Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 25 October 2018

Time

11.30am

 

 

 

 

 

Shannon Burt

Director Sustainable Environment and Economy                                                          I2018/1989

                                                                                                                                    Distributed 19/10/18

 

 


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

Sustainability and Emissions Reduction Advisory Committee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

3.1       Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 August 2018

4.    Staff Reports

Sustainable Environment and Economy

4.1       Code of Conduct Policy.................................................................................................... 4

4.2       Minutes of previous meeting held 30 August 2018......................................................... 48

4.3       Updates from Zero Emissions Byron and COREM........................................................ 54

4.4       Climate Emergency Declaration..................................................................................... 56

4.5       SERAC Key Project Updates......................................................................................... 59

4.6       Emissions Reduction Strategy - Update & First Draft.................................................... 63   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.1

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 4.1             Code of Conduct Policy

Directorate:                 Sustainable Environment and Economy

Report Author:           Michelle Chapman, Project Support Officer

File No:                        I2018/1976

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

To provide Council’s Code of Conduct Policy for the Sustainability and Emissions Reduction Advisory Committee.

 

 

  

 

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the Code of Conduct Policy and return signed acknowledgement form, Attachment 3 (E2018/25100).

 

 

Attachments:

 

1        Code of Conduct Policy, E2017/101101 , page 6  

2        Code of Conduct Presentation, E2018/83487 , page 27  

3        Code of Conduct Acknowledgement Form, E2018/25100 , page 39  

4        Constitution Sustainability and Emissions Reduction Advisory Committee, E2018/83488 , page 40  

 

 


 

Report

 

Members of the Sustainability and Emissions Reduction Committee are required to read and understand Council’s Code of Conduct Policy and return a signed acknowledgement.

 

A copy of Byron Shire Council’s Code of Conduct Policy is provided as Attachment 1 to this report for the Committee’s perusal.

 

The key points of the Code of Conduct are provided in a powerpoint presentation for the Committee’s information (Attachment 2).  Code of Conduct acknowledgement form is also attached (Attachment 3).

 

A copy of the Committee’s Constitution, for your information, can be found at Attachment 4.

 

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                     4.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy          4.1 - Attachment 3

 

             Code of Conduct

 

 

 

 

 

 

Byron Shire Council’s Code of Conduct sets the minimum requirements of conduct for council officials in carrying out their functions.

 

The Code of Conduct applies to members of Council’s Committees, Panels and Project Reference Groups.

 

Byron Shire Council requires you as an appointed member of a Council Committee, Panel or Project Reference Group to comply with its adopted Code of Conduct.

 

 

_________________________________________ (PRINT Name)

 

who is an appointed member on the

 

Sustainability and Emissions Reduction Advisory Committee

 

·    Acknowledge that I have received a copy of Council’s Policy Code of Conduct 2016.

·    Agree, when carrying out my duties as a Sustainability and Emissions Reduction Advisory Committee member, to comply with the Code of Conduct.

·    Agree that a failure to comply with the Code of Conduct could result in my removal from the Sustainability and Emissions Reduction Advisory Committee.

 

 

 

__________________________________     ___________________________________

Signature                                                                  Date

 

 

Please return this signed acknowledgment to Council as soon as possible.

 

 

Thank you

 

Heather Sills

Corporate Governance Officer

 

Byron Shire Council

70 - 90 Station Street (PO Box 219) Mullumbimby  NSW  2482

P:  02 6626 7171 F:  02 6684 3018  

E:  heather.sills@byron.nsw.gov.au W:  www.byron.nsw.gov.au

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.1 - Attachment 4

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.2

 

 

Report No. 4.2             Minutes of previous meeting held 30 August 2018

Directorate:                 Sustainable Environment and Economy

Report Author:           Michelle Chapman, Project Support Officer

File No:                        I2018/1918

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

The minutes of the previous Sustainability and Emissions Reduction Advisory Committee meeting held on 30 August 2018 and referred to at Item 3 of this meeting’s agenda, are attached.

 

  

 

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the minutes of 30 August 2018 meeting which were reported to 18 October Council meeting.

 

 

Attachments:

 

1        Minutes 30/08/2018 Sustainability and Emissions Reduction Advisory Committee, I2018/1658 , page 50  

 

 


 

Report

 

The minutes of the previous Sustainability and Emissions Reduction Advisory Committee meeting held on 30 August 2018 are attached and available at https://byron.infocouncil.biz/RedirectToDoc.aspx?URL=Open/2018/06/SERAC_28062018_MIN_876.PDF .

 

The minutes were reported to 18 October Council meeting, recommending:

 

That Council note the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 30 August 2018.

 

At the time of writing this report the meeting had not been held for resolution.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.2 - Attachment 1

Minutes of Meeting

 

 

 

 

 

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Sustainability and Emissions Reduction Advisory Committee Meeting

 

 

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Thursday, 30 August 2018

Time

11.30am

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                          4.2 - Attachment 1

 

Minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on Thursday, 30 August 2018

File No: Error! Unknown document property name.

 

PRESENT:   Cr S Richardson, Cr S Ndiaye

 

Staff:            Shannon Burt (Director Sustainable Environment & Economy)

                     Sharyn French (Manager Environmental and Economic Planning)

                     Tania Crosbie

                     Coral Latella

                     Dan Harper

                     Peter Rees

                     Lloyd Isaacson

                     Phil Holloway

 

Community:                                                                                        Chris Sanderson

                     John Taberner (ZEB representative)

 

 

Guests:         Seav Pitman (COREM)

 

 

Cr S Richardson (Chair) opened the meeting at 11.40am and acknowledged that the meeting was being held on Bundjalung Country.

 

Apologies:

 

Luke McConnell, Anthony Pangallo, Ella Goninan, Dave Rawlins (COREM), Cr M Lyon

 

Declarations of Interest – Pecuniary and Non-Pecuniary

 

There were no declarations of interest.

 

Adoption of Minutes from Previous Meetings

 

Committee Recommendation:

That the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 28 June 2018 be confirmed.

(Richardson/Sanderson)

The recommendation was put to the vote and declared carried.

 

 

Business Arising from Previous Minutes

 

There was no business arising from previous minutes.

 

 

 

 

 

 

 

Staff Reports - Sustainable Environment and Economy

Report No. 4.1             SERAC Key Project Updates

File No:                        I2018/1347

 

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the report.

 

(Richardson/Ndiaye)

The recommendation was put to the vote and declared carried.

 

 

Report No. 4.2             Minutes of 28 June 2018 meeting - Sustainability and Emissions Reduction Advisory Committee

File No:                        I2018/1559

 

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the minutes of 28 June meeting which were reported to 2 August Council meeting.

 

(Richardson/Ndiaye)

The recommendation was put to the vote and declared carried.

 

 

 

There being no further business the meeting concluded at 1.30pm.

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.3

 

 

Report No. 4.3             Updates from Zero Emissions Byron and COREM

Directorate:                 Sustainable Environment and Economy

Report Author:           Michelle Chapman, Project Support Officer

File No:                        I2018/1923

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Representatives from Zero Emissions Byron and COREM will provide an update from their organisations to the Committee.

 

  

 

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the updates from ZEB and COREM.

 

 

 

 

 


 

Report

 

Representatives from Zero Emissions Byron and COREM to provide verbal updates to the committee from their respective organisation.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.4

 

 

Report No. 4.4             Climate Emergency Declaration

Directorate:                 Sustainable Environment and Economy

Report Author:           Shannon Burt, Director Sustainable Environment and Economy

File No:                        I2018/1987

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

Council considered Notice of Motion No. 9.1 Climate Emergency Declaration at the ordinary meeting of 18 October 2018 and resolved that the recommendation be added to the agenda of the upcoming Sustainable Emission Reduction Advisory Committee meeting for their input into a community-led Climate Emergency Guidance Group that is to prepare a Shire-wide Community Climate Emergency Plan and provide a report as to how Council may assist.

 

 

  

 

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee provides the following input into terms of reference, membership for, and where Council has a role to play in a community-led Climate Emergency Guidance Group as it develops a Shire-wide Community Climate Emergency Plan:

 

·  add

 

 

 

 

 

 


 

Report

 

Council considered Notice of Motion No. 9.1 Climate Emergency Declaration at the ordinary meeting of 18 October 2018 and resolved as follows:

 

Resolved:

1.       That Council:

a)      notes the latest report of the Intergovernmental Panel on Climate Change (IPCC);

b)      notes the Federal government’s latest emissions data showing we are increasing, not reducing our carbon emissions;

c)      declares that we are in a state of climate emergency that requires urgent action by all levels of government, including by local councils, and

d)      acknowledges that Byron Shire is likely to be substantially affected by climate impacts, particularly sea level rise, bushfires, drought and floods.

 

2.       That the recommendation be added to the Agenda of the upcoming Sustainable Emission Reduction Advisory Committee meeting for their input to convene a community-led Climate Emergency Guidance Group that provides a report as to how Council may assist;

 

3.       That the Guidance Group develops a Shire-wide Community Climate Emergency Plan to further enhance resilience and reduce climate impacts in a timeframe that is as fast as practicably possible;

 

4.       That Council, calls upon the State and Federal Governments to:

a)      declare a climate emergency, and

b)      to back this up with legislated programs to drive emergency action to reduce greenhouse gas emissions and meet the lower of the Paris Agreements at 1.5%

 

5.       That Council writes to the Member for Ballina, Tamara Smith, the Parliamentary Secretary for Northern NSW, Ben Franklin, the Member for Richmond, Justine Elliot, the NSW Environment Minister Gabrielle Upton and the Federal Environment Minister Melissa Price, advising them of Council’s resolution and urges them to acknowledge a climate emergency and to act with urgency to address the crisis.

 

6.       That Council encourages neighbouring Local Government Areas to join with us by declaring a climate emergency, developing their own Climate Emergency Plans and advocating to State and Federal governments as per point (5).

(Coorey/Cameron)

 

 

In response to item 2 of the resolution, input is sought from the committee members about terms of reference for, and membership of a community-led Climate Emergency Guidance Group, and how Council may assist the group, and in what capacity as it prepares a Shire-wide Community Climate Emergency Plan, given current staff, project and budget commitments this FY.

 

Financial Implications

 

Developing and or supporting the preparation of a Climate Emergency Plan is not included in the 2018/19 Operational Plan or Budget.

 

Statutory and Policy Compliance Implications

 

N/A


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.5

 

 

Report No. 4.5             SERAC Key Project Updates

Directorate:                 Sustainable Environment and Economy

Report Author:           Hayley Briggs, Sustainability and Emissons Reductions Officer  

File No:                        I2018/1916

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

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

 

  

 

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the report.

 

 

Attachments:

 

1        Confidential - Energy Matrix, E2018/83351  

 

 


 

Report

 

Resource Recovery Key Projects

 

Dingo Lane, Myocum Solar Farm project

 

 

·    Presentation of preliminary business case findings to November Councillor SPW

·    Essential energy and specialist consultant engaged to perform detailed network modelling -  currently being conducted with a proposed completion date of November/December

·    OLG Capital Expenditure Review internal Business Case Analysis being finalised

 

 

Utilities Key Projects

 

Bioenergy Project

 

Tender documents being prepared for Bankable Feasibility Study. Key project dates are

 

Tender received

9 October 2018

 

Under Review

25 October

 

Council Contract Decision

22 November 2018

 

Council Decision re Design & Construct Bioenergy Plant

20 March 2019

Hold Point

Design and Construct Contract Award

20 April 2019

 

Bioenergy Plant Operation Start up

2020

 

 

·    Expression of Interest received for Byron Shire’s Bioenergy Plant Feedstock by the 13 September 2018, evaluation completed by 20 October 2018, shortlisted applicants notified November 2018.

 

Brunswick Valley Sustainable Centre

·    Work to proceed on the rehabilitation of the on site nurseries to facilitate the occupation of part by the Big Scrub Reforestation team and other community groups.

·    Meetings with Council’s Community Services and Governance teams this week to start up a rigorous community consultation/participation process.

·    This project has stalled in recent months. The project management team is now being reorganised to speed up this process.

·    The Community Solar Farm Expression of Interest has been prepared. Awaiting General Manager’s approval to let EOI

Sewage Treatment Plant Solar Farms

Request for Tender for Bangalow, Byron Bay and Brunswick approved and ready to advertise.

 

Baywood Chase Lake

·    Preliminary Discussions commenced with NPWS regarding the use of recycled water. Agreed for Council to proceed with modelling to quantify scheme and quantities of recycled water required

 

Sandhills Rehabilitation (Behind the Rec Grounds)

·    12 month licence from Crown has been received

·    Management Plan for the Scope of Work to be finalised 3rd week August

·    Work to be in accordance with Masterplan guidelines and Byron Bay Stormwater Management Plan

·    Possible conflict with Rangers who have been working with Crown independently

 

Recycled Water Management Strategy 2017-27

·    Submissions report to Council’s 23 August meeting.

·    Recommended adoption of Strategy as advertised.

 

 

Sustainability Team  Key Projects

 

Emissions Reduction Strategy

·    Please see separate report on Emissions Reduction Strategy.

 

Love Food Communities

 

·    $250,000 grant for councils provided by NSW EPA for innovative food waste prevention programs. EOI opening in September with program commencing in March 2019.

·    Currently exploring ideas and potential for Council involvement

 

Solar Gardens

 

·    Attended final Workshop with COREM exploring feasibility and viability of Cavanbah Centre Model and potential for a partnered approach to larger scale models (such as Vallances Rd).

·    Developed a Statement of Intent to be reviewed and discussed

 

 

Solar Carpark at Mullumbimby Administration Building

 

·    Scoping and brief development has commenced. We are in the process of engaging an external contractor to write the Request for Tender for the project. 

 

New Electricity Contract including Local Electricity Trading

 

·    Completed.

·    In negotiation with Procurement Australia regarding management of the contract.

 

Energy Matrix

 

See Confidential Attachment 1 for a list of completed and prospective energy projects.

 

Financial Implications

 

Nil

 

Statutory and Policy Compliance Implications

 

Nil

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.6

 

 

Report No. 4.6             Emissions Reduction Strategy - Update & First Draft

Directorate:                 Sustainable Environment and Economy

Report Author:           Hayley Briggs, Sustainability and Emissions Reduction Officer

File No:                        I2018/1946

Theme:                         Sustainable Environment and Economy

                                      Planning Policy and Natural Environment

 

 

Summary:

 

This report provides an update on the draft of Council’s emissions reduction strategy, Net Zero Emissions Strategy for Council Operations 2025. The confidential draft Strategy (#E2018/83561) will be provided under separate cover with the agenda to this meeting.

 

  

 

RECOMMENDATION:

1.       That the Sustainability and Emissions Reduction Advisory Committee note the report.

 

2.       That members of the Sustainability and Emissions Reduction Advisory Committee provide electronic feedback on the working draft Net Zero Emissions Strategy for Council Operations 2025 (E2018/83561) by Close of Business Monday 5 November.

 

 

 

 

 


 

Report

 

In order to deliver on the Council’s 23 March 2017 Resolution 17-086, Council staff are to deliver an emissions reduction strategy.  This strategy is now ready for review and we are asking SERAC members to review the working draft of the Net Zero Emissions Strategy for Council Operations 2025 (the Strategy).  We have received feedback from members of the internal sustainability group and held a briefing meeting with ZEB.

 

Once feedback from SERAC has been incorporated, the working draft will go to the Council’s November Strategic Planning Workshop.

 

Please provide formal written feedback electronically by Close of Business Monday, 05 November (please direct all written feedback to Hayley.Briggs@byron.nsw.gov.au).

 

The Sustainability Team is aiming to have the draft approved by Council in December 2018 and out for six weeks of Public Exhibition in February/March 2019. The aim is to have the final Strategy endorsed by Council in May 2019.

 

Please note that the Strategy is intended to be high level and dynamic. It is not intended to be a detailed implementation plan.  Actions arising from the strategy will be included in the relevant team operational and deliver plan.

 

 

Financial Implications

 

n/a

 

Statutory and Policy Compliance Implications

 

n/a