Agenda of Water, Waste and Sewer 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 - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Murtagh Wetlands Report Update

Directorate: Infrastructure Services

Report Author: Bryan Green, Water Sewer Systems Environment Officer

File No: I2019/10

Theme: Infrastructure Services

Water Supplies

Summary:

At Council Ordinary meeting held on 21 June 2018 it has been resolved (18-390) that Council adopt the following Committee Recommendation(s):

1. That Council review the state and performance of the West Byron STP Constructed Wetlands and 24 Ha Melaleuca Wetland and advise on future management.

2. That a report on scoping of water sensitive design and whole of catchment plan to integrate all works involving West Byron STP, Cape Byron Marine Park, Union Drain Trust and the community come to the next meeting WWSAC.

3. That the WWSAC receive a report on the current status of the old sand mining drain/path and its impact on the Belongil catchment.

Recommendations

That Council note this report.

Attachments:

1 WWSAC Q1_State and performance of Byron Bay STP Constructed Wetlands and 24 Ha - Rev 01_D_24ha_20190116, E2019/4107 , page 7⇩

2 1-181009_2_BelongilWaterCycle-BSC, E2019/3137 , page 37⇩

3 1-181009_03_A_sandminetrack 13.11.18, E2019/3138 , page 55⇩

REPORT

At Council Ordinary meeting held on 21 June 2018 it has been resolved (18-390) that Council adopt the following Committee Recommendation(s):

Report No. 4.6 Murtagh Wetlands Report

File No: I2018/952

Committee Recommendation 4.6.1

1. That Council review the state and performance of the West Byron STP Constructed Wetlands and 24 Ha Melaleuca Wetland and advise on future management.

3. That the WWSAC receive a report on the current status of the old sand mining drain/path and its impact on the Belongil catchment.

The points below are a response to the resolution:-

1. That council review the state and performance of the Byron Bay STP Constructed Wetlands and 24 Ha Melaleuca Wetland and advice on future management.

A performance and management review has been developed by AWC. The recommendations of this report are:-

a) Recommendations for the future management wetlands includes:

1. Conducting an annual water balance assessment.

2. Undertake a comprehensive vegetation assessment every five years and review the Weed Management Strategy (Bower 2005) as recommended in the Weed Management Strategy (Bower 2005)

3. Undertake six monthly rapid vegetation assessments in areas where active vegetation management works are being undertaken

4. Continue routine weed control works.

5. Include planting of bird resistant macrophyte species as part of routine vegetation maintenance

6. Routine assessments of the constructed wetland infrastructure including pipework, pits, valves, outlets, bunding and liners.

7. Continue the current practice of assessing the infrastructure as part of the planned maintenance program.

b) Recommendations for the future management of 24 hectares includes:

1. Surface soil sampling.

2. Groundwater level monitoring.

3. Water quality monitoring.

4. Conducting of an annual water balance assessment.

5. Completing a vegetation assessment.

6. Conducting a carbon sequestration assessment.

Refer attached report (E2019/4107): 1-181009_01_D_24ha_20190109.pdf

2. That a report on scoping of water urban sensitive design and whole of catchment plan to integrate all works involving Byron Bay STP, Cape Byron Marine Park, Belongil Union Drain Trust and the community come to the next WWSAC meeting.

A scoping brief has been developed by AWC. The recommendations of this report are:

a) To develop a Belongil Catchment Integrated Water Cycle Strategy, considering the following themes:

1. WSUD and demand management.

2. Recycled water.

3. Engagement and education including Indigenous cultural value of water.

4. Leveraging environmental repair from development

5. Restoration of natural floodplain processes.

6. Protecting and enhancing biodiversity and ecological restoration.

b) The Belongil Catchment Integrated Water Cycle Strategy should in consultation with the community and other stakeholders should confirm the extent of environmental offsets required to maintain (and ideally) improve water quality within the Belongil estuary.

This would be achieved via the following steps:

1. Creation of a pollution export model (e.g. MUSIC, Source) for the existing and ultimate developed catchment (say 2050) to quantify pollutant loads and concentrations generated within the catchment.

2. Creation of an ecosystem response model to determine the assimilative capacity of the estuary and the quantity of pollutant reduction required.

3. Create a pollution reduction strategy comprising retro-fit of existing catchments, adoption of best practice WSUD in new developments and identifying locations for strategic environmental repair to reinstate floodplain processes which can deliver water quality (and biodiversity) improvements.

4. The Belongil Catchment Integrated Water Cycle Strategy should investigate funding options and structures which could be adopted by Council with the strategy informing Council’s DCP and LEP.

Refer attached report (E2019/3137): 1-181009_2_BelongilWaterCycle-BSC

3. That the WWSAC receive a report on the current status of the old sand mining drain/path and its impact on the Belongil catchment.

A technical memorandum has been developed by AWC . The recommendations of this memo are:

1. Thus the hydrology of the catchment is highly modified; the effect of the sand mining tack/drain on the hydrology in the overall catchment is indiscernible. Although further in depth hydrological studies are required to determine the possible role or impact the mining drain may have in the upper Belongil catchment, early visual indicators reveal the drain has a minimal affect. However, the conclusion made from the visual observations, indicate the railway track appears to have a greater influence on the catchment hydrology.

2. The impact of the drain must be studied and included in the Belongil Catchment Integrated Water Cycle Strategy.

Refer attached report (E2019/3138): 1-181009_03_A_sandminetrack 13.11.18

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Mullumbimby Inflow and Infiltration Update

Directorate: Infrastructure Services

Report Author: Jason Stanley, Systems Planning Officer

File No: I2019/11

Theme: Infrastructure Services

Water Supplies

Summary:

Flow meters and rain gauges have been installed within Mullumbimby’s gravity sewerage network late November 2018.

Highest recorded rain event to date was 56mm on 4and 5 December 2018.

Mullumbimby drop-in information session was held 11 December.

RECOMMENDATION:

That the Committee note the report

Report

Progress is continuing on the Mullumbimby Inflow/Infiltration project.:-

· Environmental Data Services (EDS) have setup non-contact sensors within gravity sewerage manholes on 27^th November 2018 to perform detailed flow monitoring for a three month period. EDS have also installed rain gauge as part of this three month trial to verify rainfall intensity. Results from this trial to be provided a next committee meeting.

· Draw down tests of sewage pump station within Mullumbimby been completed, a report on each of the pump stations is currently being developed. This information will be used to further calibrate Council’s SCADA network.

· Weather stations are to be implemented across BSC’s network with three weather stations planned to be setup across the Mullumbimby catchment.

· Data monitoring indicates that CCTV investigation is required for the sewerage and stormwater networks in central Mullumbimby. Contractors have been consulted and a RFQ is currently being developed to perform these investigation works as well as rehabilitation works if required.

· Information session was held on 11^th December 2018 at the Council chambers with community members and Councillors in attendance. Council staff provided an overview of the project and discussion regarding concerns with the community.

Financial Implications

The direct connectivity between stormwater and the sewer system will allow for funding of this work from the sewer fund. Initially this will be from the currently allocated budget.

Statutory and Policy Compliance Implications

Compliance with EPA licence 13266.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.3

Report No. 4.3 Items Requested by Duncan Dey

Directorate: Infrastructure Services

Report Author: Jason Stanley, Systems Planning Officer

File No: I2019/12

Theme: Infrastructure Services

Water Supplies

Summary:

This item has been requested by Committee member Duncan Dey for discussion by the Committee.

RECOMMENDATION:

That Council note the report.

REPORT

Duncan Dey suggested the below recommendations:

That Council:

1. acknowledge that management of centralised urban sewage requires on-going assessment of the capacities of its 3 main elements:

a) the sewer collection system;

b) the sewage treatment plant; and

c) receiving environments.

2. acknowledge that receiving environments potentially include:

a) waterways,

b) wetlands,

c) irrigation areas; and

d) recycled water schemes which are generally downstream of the EPA licence point for the STP.

3. receive reports on the capacities of environments that receive effluent from the Byron Bay STP, noting that such capacities may be complex algorithms rather than raw numbers (eg. wet weather flows versus dry weather).

Background

Council recognised "fate of effluent" as an issue in the Belongil catchment in its last term 2012-16 and received a report costing $350k on the matter. Since then, Council's planning department continues to connect new loads to the Byron Bay sewer system despite fears that receiving capacities may already have been exceeded and in the face of opposition from landholders over whose properties the effluent flows. Council must at least receive regular updates of any previous assessment, including information on new loads approved and / or connected.

Legal/Statutory/Policy Considerations

Not Applicable

Financial issues

Not Applicable

Consultation and Engagement

Not Applicable

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.4

Report No. 4.4 Update on alternate flow path for treated effluent from WestByronSTP

Directorate: Infrastructure Services

Report Author: Jason Stanley, Systems Planning Officer

File No: I2019/14

Theme: Infrastructure Services

Water Supplies

Summary:

Item requested by Mark Tidswell:

Would like to have time to discuss the following:

Update on alternate flow path for treated effluent from West Byron STP using industrial estate drain network to take flows that currently discharged to EPA 4.

The update should give timelines on investigations and action by BSC.

RECOMMENDATION:

1. That Council consider further options for the Additional Flow Path due to the fact that the one currently under the scope it can not be used during moderate to heavy rainfall periods.

2. That the options could include (but not limited to) the creation of biodiversity stewardship sites on private property, seeking contributions from developments to strategic environmental repair in locations confirmed as the highest priority for the catchment, an environmental levy and grant funding.

REPORT

Current Status:

Planit Consulting has been engaged to develop the project of the Additional Flow Path for the Byron STP. The current status is as it follows:

3.2 Detailed Survey (LandSurv)
3.2.1 Boundary Establishment	· Completed
3.2.2 Detailing Drain And Underground Services	· Completed but needs additional potholing in areas. Quote for these works coming from Dean Tosh.
3.3 Planning, Approvals, and licensing (Planit Consulting)
3.3.1 Review Of Environmental Factors (Ref)	· The REF has commenced including site walk and route confirmation. SEPP “Coastal Wetlands” now confirmed that the works are outside this area and no need for an EIS over this section.
3.3.2 Additional Discharge Point Approval	· Work has started on this as part of the REF and will progress within the next few weeks
3.3.3 Additional Ref Subconsultant Reports	· After the site walk and review of the zoning areas with the confirmed alignment there will be the need for additional sub-consultant reports to feed into the overall REF including: o Flora and Fauna assessment (Planit will provide a quote for this) o Acid Sulphate Soils Assessment (Getting a quote from HMC Environmental Consultants who did the bayshore drive roundabout ASS assessment) o Traffic Management Plan for the works crossing Bayshore Drive (Planit will provide a quote for this)
3.3.4 Lodgement/Licencing Fees	· Not completed, once we’re closer to the licensing stage this will be known
3.4 Detailed Civil Design (Planit Consulting)	· Concept pipe long section completed from STP discharge location to Northern end of industrial drain. We are awaiting the potholing to confirm the exact alignment crossing Bayshore Drive and levels so we miss the existing services in the road corridor. We currently have three options and will pick the path of least resistance once we get the potholing information. · The shared path and industrial drain regrading has been design and drawings drafted. These include plan view, cross sections and bridge long section. · I’ve been in contact with some prefab bridge suppliers with a company called Landmark Products (spec sheet attached) looking like an easy option.
3.5 Drainage Network Modelling Allowance (Bmtwbm)	· BMT are now modifying their existing flow model and setting up the scenarios based on the updated drain cross section model we’re providing them. They will set up the model and get levels critical areas in the drain where we need to put level sensors to relay back to the pump station. They are running an existing scenario based off the new detailed survey, a 3ML/day scenario and a 7ML/day scenario with 1, 5 and 10 ARI rain events to determine the sensitivity of the level when rainfall runoff occurs within the Industrial Estate.
3.6 Detailed Landscape And Wsud (Planit Consulting)	· This has commenced with planting types selected to provide a screen along the depot fence. We’re just waiting to see where the indicative flow level is in the drain from the flood model to confirm the planting and WSUD planting in the industrial drain. · Will have a concept landscaping plan to send through for review in the next couple of weeks.
3.7 PUMP station and control system works (Planit Consulting)
3.7.1 Sps 3028 Assessment	· Assessment completed. Bryan, Rick and Andrew went out to site and have come up with a solution to modify the existing pump station to deal with the additional drain scenario.
3.7.2 New Sewer Pump Station Design (If Required)	· Andrew and Ricky are doing up a scope and estimate to complete the design modifications to SPS 3028.
3.7.3 Investigation Of Control Systems	· Investigation into the control system is almost completed, indication show level sensors along the drain at critical points which will be known once the flow modelling is complete.
3.7.4 Implementation And Design Of Control System	· This will follow from the control system investigation.

Background

Since the transfer of South Byron STP flows to the Byron STP (1999) local landholders adjoining the western boundary of the BBIWMR have raised concerns over the impact these flows have had on the local shallow groundwater levels. In response to these concerns, BSC have been investigating an alternative release pathway to the one is currently in use.

Key issues

1. The south eastern end of the Central Drain not being owned by West Byron (Villa World) and not BSC.

2. Getting the flow modelling completed to determine appropriate levels under different flows.

3. Getting potholing done to confirm the exact route of the discharge line under Bayshore Drive.

4. Confirming any additional constraints from the REF.

Options

Options could include creation of biodiversity stewardship sites on private property, seeking contributions from developments to strategic environmental repair in locations confirmed as the highest priority for the catchment, an environmental levy and grant funding.

Next steps

1. Complete drainage network modelling (3 weeks)

2. Complete REF and REF sub reports (6 weeks)

3. Finalise pump station design (4 weeks)

4. Develop control system (12 weeks)

5. Finalise landscaping design (6 weeks)

6. Finalise discharge line design (6 weeks)

7. Update licensing/discharge licence with DPI/EPA (14 weeks)

8. Finalise Project ready for construction (14-16 weeks)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.5

Report No. 4.5 The remediation & rehabilitation of the Myocum Quarry Landfill

Directorate: Infrastructure Services

Report Author: Lloyd Isaacson, Team Leader Resource Recovery and Quarry

File No: I2019/17

Theme: Infrastructure Services

Waste and Recycling Services

Summary:

This report identifies the plan to rehabilitate the Myocum quarry site, which will form a key component of the future strategic direction for the transition of the Myocum Quarry into a resource recovery facility. This report is in response to the below email request from committee member Madeleine Green:

I’m not sure what the process is, but I was wanting to put an item on the next Water, Waste & Sewerage agenda for discussion: what plans are there for the remediation & rehabilitation of the Myocum Quarry Landfill? It might be too late for the next meeting, but whenever it is convenient.

As we can see from the Google shot below -& from Coolamon Scenic Drive - it is a blight on our landscape.

Thanks

RECOMMENDATION:

That the report is noted.

REPORT

Background

In 2016 the progression of the DA for the Myocum Quarry Landfill ceased due to a number of critical factors resulting in financial, environmental and social risks associated with the project and a shift in the strategic objectives and direction for the Shire’s waste management. This move was based on Council’s resolution (Res 16-145) stemming from the recommendation report “Review of Council’s Waste Disposal Strategy 2009” by the WWSAC (following a presentation to the February 2016 Srategic Planning Workshop), which identified the re-focus of Council’s strategic direction and capital investment to enhancement of resource recovery infrastructure and progression of a regional Alternative Waste Treatment facility rather than investment in landfill infrastructure.

This strategic focus has subsequently been enhanced following the unanimously supported NOM by Cr Richardson in June 2018 (Res 18-419) advocating a Zero Waste to Landfill aspirational target and embedment of circular economy principals into Council’s Waste Management and Resource Recovery Strategy. This draft strategy will be presented to Council in March 2019.

The abovementioned WWSAC report identified the short term strategic planning direction to commence investigations for the final closure and rehabilitation of Myocum Landfill Southern Expansion Area and options for expansion and enhancement of the Byron Resource Recovery Centre, including the utilisation of Myocum Quarry site for resource recovery infrastructure development and operations.

This strategic planning has been progressed, with the development and implementation of the BRRC Masterplan which was presented to the WWSAC in February 2018 and the committee recommendation subsequently endorsed by Council (Res 18-053). As per the resolved strategic approach, the BRRC Masterplan also identified the Myocum Quarry as a site for expansion of resource recovery and alternative waste treatment operations.

Council Staff plan to commence the planning approval process to expand resource recovery operations into the Quarry in early 2019 with the objective of transition the quarry into a facility for composting and construction and demolition waste processing operations. As part of the planning process, Staff also plan to investigate the concept to extract further road construction material from the Quarry. Whilst this is unlikely to be a viable option due to requirements for geotech investigations, a s96 process, and increasingly complex compliance legislative requirements for extraction, conducting a high level cost/benefit analysis will alleviate any concerns regarding potential loss of quarry material from the immediate transition in operations, or alternatively, indicate that it is in fact a viable option prior to transition in operations for the site.

Planning consultant advice sought late in 2018 indicated that expansion of resource recovery operations into the quarry will require development approval as a resource recovery facility. In addition, that advice suggested it would be prudent to concurrently formalise the BRRC as a transfer station rather than a landfill facility – in line with the abovementioned strategic direction and on-going operation of the site.

A critical component associated with the legislative planning process for transition from quarry to resource recovery facility will be the requirement to appropriately rehabilitate the Quarry to meet all legislative planning and environmental requirements.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

The below table indicates alignment with relevant CSP and OP objectives and activities.

Objective: 1	We have infrastructure, transport and services which meet our expectations
Strategy 1.4	Provide a regular and acceptable waste and recycling service
Action 1.4 a)	Implement Integrated Waste Management and Resource Recovery Strategy
Activity 1.4 a)	Finalise strategy and implement 2018/19 action plan activities
Action 1.4 d)	Ensure facilities and services meet statutory requirements
Activity 1.4 d)	Maintain compliance with NSW Environmental Protection Licences for the Byron Resource Recovery Centre and Myocum Landfill

Legal/Statutory/Policy Considerations

As identified above, NSW Planning and Environmental legislative requirements will be critical factors for the transition process.

Financial issues

There is current allocation in the Waste budget and allocation will be included in 2019/20 Operational and Capital Works plan and associated budget.

Consultation and Engagement

A critical component of this process (and Council’s greater Waste Management and Resource Recovery Strategy) will be on-going consultation and engagement with the community, with particular reference to the local Myocum residents. Council has invested a significant amount of resource in improving the environmental performance of the BRRC, and also rebuilding trust and relationship with the Myocum residents. Retaining (and continually improving) this relationship is a key objective for the on-going management of the site.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.6

Report No. 4.6 Make the Switch Program - Six Month Report

Directorate: Infrastructure Services

Report Author: Lucy Wilson, Resource Recovery Projects and Education Officer

File No: I2019/59

Theme: Infrastructure Services

Waste and Recycling Services

Summary:

To provide the Water Waste and Sewer Committee with the December 2018 a six month progress

report for council’s single-use plastic reduction initiative – Plastic Free Byron Make the Switch

program.

RECOMMENDATION:

That the Committee note the December 2018 - Six Month progress report for the Plastic Free Byron Make the Switch program and communicate successes to key stakeholders.

REPORT

In December 2017 a unanimously supported NOM put forward by Cr Ndiaye resulted in Council resolving (Res 17-405) to implement the following initiatives to achieve the objective of reduction in single use of plastic bags and packaging:

a) Engage with Boomerang Alliance to implement the Communities Taking Control program of education and assistance for businesses and the community to reduce single use plastic bags and packaging;

b) Develop and implement a targeted program that creates and promotes more public water stations across the Shire to reduce the need for single use water bottles; and

c) Lobby State and federal politicians via distribution of the attached letter to NSW Premier Gladys Berejiklian, NSW Environment Minister Gabrielle Upton, NSW MLC for Ballina, Tamara Smith, NSW Member for the Northern Rivers, Benjamin Franklin and the Federal Member for Richmond, Justine Elliot.

Boomerang Alliance were engaged to implement the Plastic Free Byron “Make the Switch” program as a community project to reduce Byron Shire’s plastic footprint. The Program is a collaboration between Byron Shire Council (sponsor), the Boomerang Alliance and local Community group, Plastic Free Byron. It is based on the Boomerang Alliance’s successful Communities Taking Control Plastic Free Noosa Program which focuses on achieving wide scale change away from plastic pollution.

Make the Switch works directly with food businesses, markets and events in the Shire to help them switch to more sustainable (reusable or compostable) packaging options. The Program targets the top six single-use plastic items found in the litter stream including bags, straws, coffee cups water bottles, cutlery, takeaway containers.

The Program has been very successful and received positive feedback form the community. Boomerang Alliance have provided the attached progress report for the first six months of the program, with some of the key performance indicators included below:

· 40 members engaged – these are food retailers, events or markets that have signed up to the program and taken action to eliminate at least one or more of the six single-use plastic items

· 13 Plastic Free Champions – members who have eliminated all six target single-use plastic items

· Amount of single use plastics reduced by the program (by audits of participant packaging procurement):

a. The report identifies that preliminary limited data from four of the Plastic Free Champion Cafes gives a combined reduction of 8334 single-use plastic items. This figure is a significant under representation of what actually has been reduced, due to challenges with obtaining data from business and suppliers in the initial stages of the project. Improving the method for data collection has been highlighted as a critical focus for the next 6 months of the program to enable accurate assessment of results against targets..

b. An alternate metric to assess the reduction in the use of single use plastics resulting from the program can be derived from data collected in the Noosa program, which was implemented 6 months prior to Byron’s program commencing. Data from this program indicates that each plastic item eliminated from a café reduces approximately 5000 single-use plastic items per month. Applying this figure to the known number of items reduced from the Make the Switch Plastic Free Byron program equates to an approximate combined figure of 60,000 single-use plastic items eliminated per month.

With regard to section (b) of the resolution, Staff have progressed the development of the “Re-fill Here” program. The Refill Here program aims to create a staged-based model to provide a viable alternative to single-use plastic water bottles for business and community. The three stages of this component of the project to are:

1. Create a system of ‘refill here’ points (local businesses and water stations) where consumers can refill water bottles. Points will be identified through signage/stickers and can be located on an interactive map or app.

2. Council bulk buy ‘Byron’ branded water bottles which will be made available to participating businesses at a subsidised rate to on sell for a profit as an incentive to reduce or eliminate single-use water bottles.

3. Increase the number of street water stations in high visitation areas.

The implementation of the program will further be enhanced by the recent notification of a successful grant for an additional $15,000 Federal Government funding from the Stronger Communities program to which will assist in the installation of 5 new water refill stations throughout the Shire to be installed in May.

Next steps

· Continued drive to sign up food retailers, potentially undertaking a specific business event to promote the program, benefits and solutions to businesses

· Work with current program members to facilitate achievement of Champion status.

· Progress the implementation the Refill Here water bottle reduction program.

· Increase media communication output including release of video and communication of program success to key stakeholders.

· Continue to improve the process for data collection and monitoring of volume of plastic reduced.

· Plan for the continuation and expansion of the program in line with the planned strategic focus to improve commercial and industrial waste management practices and resource recovery within the Shire.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

The below table indicates alignment with relevant CSP and OP objectives and activities.

Objective: 1	We have infrastructure, transport and services which meet our expectations
Strategy 1.4	Provide a regular and acceptable waste and recycling service
Action 1.4 a)	Implement Integrated Waste Management and Resource Recovery Strategy
Activity 1.4 a)	Finalise strategy and implement 2018/19 action plan activities

Financial Considerations

This program has budget allocation in the 2018/19 Waste budget funded via the NSW EPA Better Waste and Recycling Fund Grant and additional Federal Government Stronger Communities Program grant.

Consultation and Engagement

Since the Program launched in May, the following communication and engagement activities have taken place:

· Developed key relationships with stakeholders (North East Waste, Santos Organics, Clean Coast Collective, Bay FM, The Echo, Chambers of Commerce, Business associations and local packaging suppliers)

· Program materials developed

o Plastic Free Byron Make the Switch website page

o Flyers and brochures

o Member guidelines

o Signage for events

o Plastic Free Champion signs

· Business engagement:

· Face to face engagement with over 60 local food businesses in Brunswick Heads, Mullumbimby, Bangalow and Byron Bay to discuss the program. All were overwhelmingly supportive of the Program and looking to sign up in 2019.

· Direct engagement with all 40 businesses that have signed up to the Program. This involves a half to 1 hour personalised induction for each member, plus follow up action report for businesses who require extra assistance, advice or help sourcing products.

· Speaking engagement at Chamber of Commerce meetings.

· Database of businesses set up and maintained to keep track of all interactions with each business.

· Promotion:

· Waste Free for the Sea launch event.

· Regular radio segments - 3 Bay FM interviews and 7 different ads on weekly rotation since July 2018).

· Print promotion – 12 x Echo advertisements, 4 x print articles in the Echo, Byron Shire News, Byron Life and Byron Bazaar.

· Weekly social media promotion.

· Two newsletters - Make the Switch Individual Newsletter and Member Business Newsletter.

· A Make the Switch promotional video developed by local Mullumbimby Film maker, Caitlin Weatherstone (https://www.youtube.com/watch?v=wYEpELloTDo&feature=youtu.be). Following the WWSAC meeting the video will be promoted more promoted via Plastic Free Byron and Council’s Facebook pages, Instagram accounts and website, and shared will all key stakeholders.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.7

Report No. 4.7 Illegal Dumping and Litter Education and Enforcement Plan

Directorate: Infrastructure Services

Report Author: Lloyd Isaacson, Team Leader Resource Recovery and Quarry

File No: I2019/66

Theme: Infrastructure Services

Waste and Recycling Services

Summary:

The attached Illegal Dumping and Litter Education and Enforcement Plan (IDLEEP) provides an overarching strategic framework for reducing illegal dumping and litter in the Shire.

RECOMMENDATION:

That Council endorse the implementation of the Illegal Dumping and Litter Education and Enforcement Plan 2019.

Attachments:

1 Illegal Dumping and Litter Education and Enforcement Plan (IDLEEP)_FINAL for WWSAC, E2019/4698 , page 80 ⇩

REPORT

Illegal dumping and littering are issues that cause significant environmental, financial and social impacts for the Byron Shire.

The main impacts of littering and illegal dumping include:

· becoming a community norm if not dealt with effectively

· negative impacts on visual amenity

· damaging community pride and tourism reputation

· being costly to clean up

· risks associated with hazardous substances such as asbestos and chemical waste

· the spread of weeds and exotic species into public reserves, bushland and parks

· polluting land, waterways and beaches

· harming or killing marine and other wildlife

· becoming a fire hazard or harbouring vermin and pests.

In the 2016-17 financial year, Byron Shire Council recorded 715 illegal dumping incidents and costs associated with clean-up were in excess of $100,000. These figures, based on data from a 12 month NSW Environment Protection Authority funded Baseline Data research project, have highlighted the need for targeted action.

Council also faces significant challenges with litter, particularly cigarette butts and other micro litter along the Byron Bay Foreshore and beaches. 2016-17 local litter data showed that cigarette butts make up 51% of littered items in Apex Park, Byron Bay. These challenges are intensified by the increasingly high tourist population.

The attached Illegal Dumping and Litter Education and Enforcement Plan (IDLEEP) provides an overarching strategic framework for reducing illegal dumping and litter in the Shire. It outlines a multi-faceted approach to tackling these problems and coordinates action on education, enforcement and infrastructure.

The IDLEEP aims to address illegal dumping and littering through targeted reduction and prevention programs in collaboration with key stakeholders including, relevant Council departments, North East Waste, land managers, community groups, local businesses and the NSW Environment Protection Authority (NSW EPA).

The IDLEEP outlines six and five key approaches to reducing illegal dumping and littering respectively, with detailed action plans for each approach. These approaches are consistent with those identified in the NSW EPA’s Draft Litter and Illegal Dumping Strategies 2017-20, as listed in Table 1 below.

*Illegal dumping approaches*	*Littering approaches*
Approach 1: Building an evidence base	Approach 1: Rewarding responsible behavior
Approach 2: Stakeholder engagement and capacity building	Approach 2: Education and awareness
Approach 3: Education and awareness	Approach 3: Infrastructure and clean-up
Approach 4: Prevention, infrastructure, and clean-up	Approach 4: Regulation and enforcement
Approach 5: Regulation and enforcement	Approach 5: Evaluation and monitoring
Approach 6: Evaluation and monitoring

These approaches will be supported via detailed specific action plans to address the priority issues for illegal dumping and littering. Some the key actions are outlined below:

Illegal dumping

· Develop a kerbside dumping program in collaboration with local real estate agents and strata managers that is focused on the issue of end of tenancy associated kerbside

· Investigate the expansion and refinement of the current Bulk Waste Drop-off System including the following:

o Investigate the implementation of additional free waste drop-off services (e.g. free bulk and/or green waste drop-off days at the BRRC)

o Investigate the option of providing courtesy trailers for the community to transport unwanted items to the BRRC

o Investigate potential for multiple drop-off entitlement

· Program for addressing the issue of commercial waste bins stored on public land, with particular reference to the Lawson Street Carparks.

Littering

· Take 3 For the Sea Program

o Staff have been liaising with Take 3 who are an Australian not-for-profit organisation that are committed to reducing plastic pollution and promoting the transition to a circular economy through education and participation. They promote a simple call to action message:

“Take 3 pieces of rubbish with you when you leave the beach, waterway or anywhere special, and you’ve made a difference.”

o Take 3 utilise local celebrities/identities (of which there are no shortage in the Byron Shire) to promote and engage their simple yet effective message to a targeted audience.

o This program directly aligns with the objectives of the IDLEEP by educating and incentivise Byron Shire’s tourist visitors to care for its natural environment through innovative communications to a clearly defined and significant target audience.

o In partnership with Council, Take 3 and Surfa Rosa Communications will engage local, regional state and national tourism organisations and selected travel distributors and tourism industry media targeting international visitors. Where possible incentives will be built into travel packages sold by participating travel partners.

o As part of an associated action program to review the educational and compliance signage throughout the Shire, the potential to utilise Take 3 educational messaging (shown below) on key public place bin assets to assist in achieve the IDLEEP goals and objectives.

· “Butt Free Byron” Program

o Butt Free Byron is currently being implemented via an alliance of local groups dedicated to protecting our environment from cigarette butt pollution. The program is funded via a $100,000 EPA grant application successfully received in 2018.

· Plastic Free Byron Make the Switch Program

o Make the Switch is a community program to reduce Byron's plastic footprint. The objective of the program is to work directly with food businesses and the community to help them switch to more sustainable packaging options. The program aims for a reduction - leading to elimination - of the top six single-use plastic items found in the litter stream: water bottles, straws, coffee cups, takeaway containers, foodware and plastic bags.

Implementation of the IDLEEP will be included in Council’s Annual Operations Plan and will be funded via the domestic waste budget, general fund and external funding such as grants or partnerships.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

The below table indicates alignment with relevant CSP and OP objectives and activities.

Objective: 1	We have infrastructure, transport and services which meet our expectations
Strategy 1.4	Provide a regular and acceptable waste and recycling service
Action 1.4 a)	Implement Integrated Waste Management and Resource Recovery Strategy
Activity 1.4 a)	Finalise strategy and implement 2018/19 action plan activities

Legal/Statutory/Policy Considerations

The following table lists the key relevant State and Council legislation, policies and strategies that provide a framework for the development of the IDLEEP.

*State Legislation, Strategy and Policy*	*Council Legislation, Strategy and Policy*
The Protection of the Environment Operations Act 1997 (and associated Waste 2014 Regulation)	Local Government Act 1993
NSW Illegal Dumping Strategy 2017-21	Enforcement Policy 2016
Draft NSW Litter Strategy 2017-20	11/2010 Smoke Free Outdoors Policy

Financial Considerations

Implementation of the associated action plans in the IDLEEP will be included in Council’s Annual Operations Plans and will be funded via the relevant domestic waste budget, general fund and/or external funding such as grants or partnerships.

Consultation and Engagement

Consultation and engagement with the large number of key internal and external stakeholders identified in the IDLEEP is a critical component required for the successful implementation of the plan. There will be comprehensive consultation and engagement via a range of avenues and initiatives for the multitude of programs listed in the IDLEEP Action Plans.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 31 January 2019
Time	11.30am