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 Brunswick Valley Landcare - Landcare Support Officer Report

Directorate: Sustainable Environment and Economy

Report Author: Sharyn French, Manager Environmental and Economic Planning

File No: I2019/4

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Council considered 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.

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

RECOMMENDATION:

That the Biodiversity Advisory Committee note the report.

Attachments:

1 Landcare Support Officer report December 2018, E2019/45 , page 6⇩

REPORT

Background

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.

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

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Objective 3	We protect and enhance our natural environment
Strategy 3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology
Action 3.1.2	Restore degraded areas and habitats that have or provide significant or high environmental and or community value
Activity: 3.1.2.3	Train and mentor community Landcare and Dunecare groups

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Funding allocated in 2018/19 budget.

Consultation and Engagement

Nil

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Flying Fox Project Reference Group

Directorate: Sustainable Environment and Economy

Report Author: Peter Boyd, Project Officer - Environmental Projects

File No: I2019/5

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

The Flying Fox Project Reference Group (PRG) aims to provide advice, advocacy, reporting, community feedback and suggestions to Council, via the Biodiversity Advisory Committee, in relation to matters of on-ground actions and education and awareness strategies in the management of flying foxes in Byron Shire.

This report:

· Provides a summary of the first two meetings held since establishment of the PRG on 2 October and 27 November 2018, and outcomes from these meetings.

· Recommends the Committee endorse the adoption of the amended Constitution of the Flying Fox Project Reference Group (Attachment 1).

· Recommends the Committee endorse the decision to not replace the Councillor representative on the PRG based on the premise that the PRG reports to the Biodiversity Advisory Committee on which there are 3 nominated Councillors.

RECOMMENDATION:

That the Biodiversity Advisory Committee:

1. Note the outcomes of the two meetings held on 2 October 2018 and 27 November 2018.

2. Recommend to Council that the amended Constitution of the Flying Fox Project Reference Group (Attachment 1 - E2018/109946) be adopted.

3. Recommend to Council that the Councillor representative not be replaced on the Flying Fox Project Reference Group as it reports to the Biodiversity Advisory Committee on which there are 3 nominated Councillors.

Attachments:

1 Flying Fox Project Reference Group - CONSTITUTION (Amended) - 29 November 2018, E2018/109946 , page 12 ⇩

Report

On 24 September 2018 Council resolved (Resolution 18-623)

1. Appoint the nominated eight (8) community members one (1) wildlife carer representative and one (1) representative each from the Office of Environment & Heritage and the Department of Industry Crown land to the Flying-fox Project Reference Group.

2. Appoint Cr Hunter to the Flying-fox Project Reference Group.

3. Staff continue to identify two (2) community representatives from Butler Reserve camp in Byron Bay.

4. Support the draft Flying Fox Project Reference Group Constitution to be further considered and reviewed at the first Flying-fox Project Reference Group meeting in September / October 2018 and to provide for measurable outcomes to support the Flying Fox Camp Management Plan implementation.

As such, the Flying Fox Project Reference Group was formed, coordinated by the Biodiversity Officer with meetings reported to the Biodiversity Advisory Committee.

Meetings and Outcomes

On 2 October 2018, the PRG held its first meeting with Councillor Hunter, Council staff, community, wildlife and state government representatives. At the first meeting, the PRG considered the draft PRG Constitution and were provided with a budgetary update.

In considering the draft PRG Constitution, there was a general agreement to the Goal (i.e. the aim or desired result) and Purpose of the PRG, but some debate around the PRG’s Objectives.

The Goal of the PRG is to provide advice, advocacy, reporting, feedback to Council and Council officers, state agencies and the community in order to assist Council to implement the Flying Fox Camp Management Plan (the Plan) effectively and efficiently.

The Purpose of the PRG is for Council and community to be better informed of the aspirations and expectations of Council and community in regards to a strategic approach to the management of flying-foxes and their habitat in the Byron Shire local government area.

The proposed Objectives of the draft PRG Constitution are:

a) To provide a vital communication link to and from Council to interest groups, state agencies and the community in general.

b) To further assist Council with prioritising on-ground actions and education and awareness strategies under with available resources.

c) To inform Council of community aspirations and expectations in regard to on-ground actions and raise awareness and education about flying foxes

d) To engage with the broader community during future direction setting on its strategic approach to the management of flying-foxes and their habitat

e) To monitor key measures of success as per the Flying Fox Camp Management Plan

At this meeting Cr Hunter suggested incorporating into the Constitution a number of alternative objectives that sought to quantify (measure) the reported impacts as outlined in the Plan. For example, for the PRG to help set an ‘acceptable’ level of noise that could be measured by decibels (or dBA) or to investigate the actual (not perceived) impacts of faecal droppings on water quality.

Members noted the Plan already identified the impacts but quantifying the impact would further delay Plan implementation, which community are expecting Council to commence in FY2018-19. Also, the Plan was developed following due consideration and considerable consultation with the community and relevant expert stakeholders.

On 22 October 2018, Cr Hunter advised of his resignation from the PRG.

The next PRG meeting was held on Tuesday 27 November 2018. A further review of the Constitution was carried out and the proposed Objectives of the Constitution were accepted by the PRG (with minor editorial/administrative amendments).

The PRG agreed to the amended Constitution (Attachment 1) and for it to be recommended for adoption by the Biodiversity Advisory Committee.

Discussion also included clarification on the Plan’s management actions that may or may not be paid for by various grants and/or funding programs. Council has allocated funds in this years budget to apply for funding opportunities that become available through the Office of Environment and Heritage (OEH). Staff have been liaising with OEH and there is a program expected to be announced in the near future which will support the creation of vegetation buffers around Flying Fox camps. It is noted that buffers created through vegetation removal cannot be funded through the present Environmental Trust grants program but may be funded through the proposed OEH grants program.

Further discussion occurred regarding the activities and outcomes of Council’s Flying Improvements Project funded through the Environmental Trust which commenced November 2018.

The PRG was updated on the results of the National Flying Fox Census count from 15-16 November 2018 where 5 camp sites were counted. The current roost size and location within the 5 camps was discussed and compared to Feb 2018 maps. Only Grey Headed Flying foxes were observed and no Black Flying foxes observed.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2	CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.1	Partner to protect and enhance our biodiversity, ecosystems and ecology	3.1.1	Protect and enhance our natural environment and biodiversity	3.1.1.5	Implement the Flying Fox Camp Management Plan

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Nil

Consultation and Engagement

N/A

Table of Contents

1. Preamble. 2

2. Goal, Purpose and Objectives. 2

3. Timeframe for Group. 2

4. Membership. 2

5. Chairperson. 3

6. Quorum.. 3

7. Dispute Resolution. 3

8. Performance Indicators. 3

9. Confidentiality. 3

10. Convenor/Facilitator 4

11. Voting. 4

12. Majority Decision. 4

13. Convening Meetings. 4

14. Reporting. 4

15. Meetings Open to the Public. 4

16. Invited Guests. 4

17. Vacation of Office. 5

18. Publicity. 5

19. Records of meetings (agenda and minutes) 5

20. Section 377 Delegation. 5

21. Miscellaneous. 6

1.
Preamble

The Project Reference Group is a group formed by the Council and does not have executive power or authority to implement actions.

The role of the Project Reference Group is to carry out specific objectives as stated in this Constitution.

2. Goal, Purpose and Objectives

The goal of the Flying Fox Project Reference Group is to provide advice, advocacy, reporting, feedback to Council and Council officers, state agencies and the community in order to assist Council to implement the Flying Fox Camp Management Plan effectively and efficiently.

The purpose of the Flying Fox Project Reference Group is for Council and community to be better informed of the aspirations and expectations of Council and community in regards to a strategic approach to the management of flying-foxes and their habitat in the Byron Shire LGA.

The objectives of the Flying Fox Project Reference Group are:

a) To provide a vital communication link to and from Council to interest groups, state agencies and the community in general.

b) To further assist Council with prioritising on-ground actions and education and awareness strategies with available resources.

c) To inform Council of community aspirations and expectations in regard to on-ground actions and raise awareness and education about flying foxes

d) To engage with the broader community during future direction setting on its strategic approach to the management of flying-foxes and their habitat

e) To monitor key measures of success as per the Flying Fox Camp Management Plan

The objectives have been considered by Council on 24 September 2018 and further confirmed by the nominated members on 27 November 2018.

3. Timeframe for Group

The Project Reference Group has 60 months to complete its objectives.

This group will be disbanded on 30 June 2023.

The Council may dissolve the group at any time.

4. Membership

Membership is to include a maximum number of 15 (TBC) members. This includes the following:

· Ten (10) community representatives (2 community representatives from each of the five (5) subject urban camps. These community representatives will also be from within 300m of each of the subject camps, and not represent an animal welfare group).

· one (1) representative from a suitable animal welfare group;

· one (1) each representative from the relevant NSW State Government agencies including Office of Environment & Heritage and Department of Industry – Crown land, and

· one (1) Council officer

· one (1) nominated Councillor (to be confirmed)

Note: Staff members and agency representatives participating on the working group do not have any voting entitlements.

Members will be appointed by the Council.

5. Chairperson

The Chair of the PRG is to be elected from Councillors nominated to the PRG. If there are no Councillors on the PRG, then the PRG is chaired by the relevant staff member.

If the designated Chair is not available to attend a meeting, then a Council representative proxy (referred to as the Acting Chair) will be responsible for convening and conducting that meeting. The Acting Chair is responsible for informing the Chair as to the salient points/decisions raised or agreed to at that meeting.

6. Quorum

A quorum is to constitute at least half the number of appointed community members.

Note: Council officers and agency representatives are not counted as part of a quorum.

7. Dispute Resolution

All efforts shall be made to resolve conflict and disputes between Guidance Group members amicably and swiftly through open discussion. Where conflict and disputes cannot be resolved via these means a mediator shall be appointed. If the mediation process fails to resolve the conflict or dispute satisfactorily, a request shall be made by Council for members to replace the representatives involved in the conflict or dispute

8. Performance Indicators

· At least 4 meetings each year

· Regular attendance by a minimum of 7 members.

· Regular contact and communication with individual members.

· Member’s positive satisfaction ratings with each meeting; and that the issues raised and outcomes being achieved and delivered are seen as being valued by Council and meaningful and relevant to the endorsed Flying Fox Management Plan.

· Biannual reports to Biodiversity Advisory Committee on the implementation of the Flying Fox Camp Management Plan.

· Annual list of Council outcomes that have been based on the guidance, direction and advice of the PRG.

9. Confidentiality

Members of the Project Reference Group will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

10. Convenor/Facilitator

The Convenor/Facilitator of the Project Reference Group will, in most cases, be the staff member unless otherwise decided by the Council.

11. Voting

Each member of the group (with the exception of staff members and agency representatives) is to have one vote. If the vote is tied on any particular matter it will be referred to the Biodiversity Advisory Committee.

12. Majority Decision

A majority decision of the committee requires a majority of elected members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

13. Convening Meetings

Meetings will be held in accordance with a schedule determined by the Project Reference Group.

Note: The frequency of the meetings will be influenced by the timeframe and the objectives of the Project Reference Group to be completed in that timeframe.

14. Reporting

a) The minutes of meetings are to be circulated to members of the group within 21 days of the meeting so that they can provide feedback through the Chair on the draft unconfirmed minutes.

b) The Project Reference Group reports to Biodiversity Advisory Committee.

15. Meetings Open to the Public

PRG meetings are not public meetings as they have no executive function. Public transparency is provided for when the reports of these meetings are reported to the Biodiversity Advisory Committee.

16. Invited Guests

The PRG Convenor/Facilitator may request to seek further expertise and consultation as agreed to by the group and, if necessary, arrange attendance of a person providing the expertise at a PRG meeting. Any request for information to be at no cost to Council unless a budget is allocated by Council and the expenditure has been authorised in writing by staff with requisite delegations.

17. Vacation of Office

Any Project Reference Group member wishing to resign from the group shall do so in writing.

Invited Members: If an invited member on the group who represents an Organisation resigns, an invitation to the Organisation for an alternate delegate will be requested. If no alternate delegate is nominated by the Organisation then that position will become redundant.

Community Representatives: If a community representative resigns and if more than half of the timeframe to complete the PRG’s objectives still exists, and an alternate delegate has been appointed by Council, then that appointed person will become the new community representative. If no alternate delegate has been appointed by Council, or the alternate delegate declines to accept the vacant position, then that position will become redundant.

18. Publicity

PRG members are not authorised by Council to promote, advertise or to make public statements to through public media’s on the group’s activities on behalf of the PRG and or Council.

19. Records of meetings (agenda and minutes)

a) The Convenor/Facilitator of the group will prepare the Agenda and Action Lists of the group’s meetings formatted in accordance with Council’s templates.

b) The minutes of meetings are to be circulated to members of the group within 21 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

c) The minutes of the group’s meetings are to be reported to Council when required. The Council webpage will indicate at what meeting Council will be considering the PRG’s reports.

d) If the PRG considers it necessary, reports from each PRG meeting may be placed on Council’s website for access by the public and Councillors after each meeting.

e) If the timeframe allocated to complete the objective/s is 6 months or more the PRG is to provide an annual progress report to the Biodiversity Advisory Committee.

f) At the end of the PRG’s term a final status report is to be presented to Council on the outcomes of each objective.

20. Section 377 Delegation

The Project Reference Group does not have any delegated functions pursuant to section 377 of the Local Government Act (1993) and does not have the power to direct staff.

21. Miscellaneous

Insurance: All group members are covered by the public liability policy of Council insofar as they are acting in their capacity as a group member, within the scope of the PRG’s Constitution and in accordance with the Code of Conduct and statutory obligations. This insurance does not preclude the group from due diligence and all Council policies must be adhered to.

Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, 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. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that:

“a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests..”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

Privacy: All group members are to abide by Council’s Privacy Management Plan (see http://www.byron.nsw.gov.au/publications?P ) relating to their access to personal information.

Meeting Practice: If any other issue arises regarding meeting practice not covered under this constitution, it is to be referred to the General Manager or delegate or, if required, Council for a determination to be made.

Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.3

Report No. 4.3 Biodiversity Conservation Strategy Consultation

Directorate: Sustainable Environment and Economy

Report Author: Peter Boyd, Project Officer - Environmental Projects

File No: I2019/6

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Community engagement is a large component of project delivery for the revised Biodiversity Strategy (Strategy) and will help inform the development of the revised Strategy. The Consultant (Ecosure) and council staff have already held meetings with a variety of relevant stakeholders during late 2018, and will continue engagement during early 2019.

Late last year a Farmers Workshop was held at Huonbrook and a Community and Interest Groups Workshop was held in Mullumbimby, along with discussion with Council management and staff. Meetings with traditional owners and other public land managers are being organised for early February 2019.

To further inform the development of the Strategy, engaging with the Biodiversity Advisory Committee is a key step. At today’s meeting, Ecosure will discuss with the Committee the project to gain insight into the more specific areas of concern regarding biodiversity in the Shire. Key questions asked will include what biodiversity values are important to the Committee, and what are the key issues and threats to Biodiversity?

Council also has a Community Survey available on Council’s website for members of the community that may not have been able to attend an engagement event.

The Strategy is presently on-track to be delivered to Council by May 2019.

RECOMMENDATION:

That the Biodiversity Advisory Committee:

a) Note that community engagement forms a key part of developing the revised Biodiversity Conservation Strategy.

b) Inform the Consultant of the key biodiversity values, issues and threats important to the Committee.

Report

Background

As advised in a report to the March 2018 meeting, a revised Biodiversity Conservation Strategy (Strategy) is currently under development. This Strategy will highlight what Council should do in the next 10 years (including an implementation plan for the first 5 years), what hurdles Council might face and what Council may need to do to continue to protect and restore Byron’s biodiversity. It will be shaped by community values, changing legislation, population growth, consumption patterns and climate change.

The revised Strategy will aim to serve as a roadmap for Council’s stewardship of our local environment. It will guide our planning decisions and policy making in all areas that have the ability to influence or impact on the environment.

Key issues

Important issues relevant to the Strategy include (but are not limited to):

· Important biodiversity values

· Threatened species including the iconic Koala

· Managing biodiversity on private land

· Diversifying farm income through private land conservation

· Coastal wetlands and the intertidal environment

· Managing pest animals and weeds

· Corridors and connectivity

· Relevant new legislative and policy framework including:

o Biodiversity Conservation Act 2016

o Biodiversity Conservation Investment Strategy 2018

All feedback gathered through engagement activities will assist in developing the Strategy which is presently on-track to be delivered to Council by May 2019.

Consultation and Engagement

Critical to the development of the revised Strategy is consultation with relevant stakeholders. To ascertain community values and inform how to go about protecting these values, the Consultant (Ecosure) has already held meetings with relevant stakeholders during December 2018, and will continue to engage with during early 2019. Stakeholders include the broader community, environmental groups, Traditional Owners, Public Land Managers, Council Managers and Directors as well as the Biodiversity Advisory Committee.

A Farmers Workshop was held on 5 September 2018 at Huonbrook specifically for members of the farming community. A Community and Interest Groups Workshop was held in Mullumbimby on 5 December 2018, along with discussion with Council management and staff also on the same day. The general Community and Interest Groups Workshop was attended by 50 community members and was highly successful with a number of great initiatives and feedback gained.

Meetings with traditional owners and other public land managers are being organised for early February 2019.

To further inform the development of the Strategy, engaging with the Biodiversity Advisory Committee is a key step. At today’s meeting, Ecosure will be presenting to the Committee to discuss the project and gain insight into the more specific areas of concern regarding biodiversity in the Shire. Key questions asked will include what biodiversity values are important to the Committee, and what are the key issues and threats to Biodiversity?

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Objective: 3:	We protect and enhance our natural environment
Strategy 3.1:	Partner to protect and enhance our biodiversity, ecosystems and ecology
Action 3.1.1	Protect and enhance our natural environment and biodiversity
Activity: 3.1.1.2	Continue to undertake the Biodiversity Strategy review

Legal/Statutory/Policy Considerations

Biodiversity Conservation Act (2016)

Biosecurity Act (2015)

Strategic Plan for Biodiversity 2011–2020

Australia's Biodiversity Conservation Strategy 2010-2030

Australia’s Threatened Species Strategy

Australian Pest Animal Strategy 2017-2027

Australian Weeds Strategy 2017-2027

Draft Biodiversity Conservation Investment Strategy 2017-2037

NSW Biosecurity Strategy 2013-2021 (launched on 22 May 2013)

Draft NSW Invasive Species Plan 2017–2021

North Coast Regional Weed Management Plan 2017-2022

North Coast Regional Pest Animal Management Plan

Financial Considerations

N/A

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.4

Report No. 4.4 Integrated Pest Management Strategy - mapping and revised timeframes for project delivery

Directorate: Sustainable Environment and Economy

Report Author: Karen Love, Research Officer – Integrated Pest Management

File No: I2019/7

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

In 2014, Council resolved (Res 13-621) to develop an Integrated Pest Management (IPM) Policy and Strategy for Council owned and managed land.

The IPM Policy (Policy) is complete and was adopted by Council in August 2018 (Res 18-565). The IPM Strategy (Strategy) is currently in preparation and will deliver the objectives outlined within the Policy.

The Biodiversity Advisory Committee was previously updated on the status of the project milestones on 30 April 2018. This report provides the Committee a further update on the development of the Strategy, status of project milestones, and information on two key tools developed as part of the Policy’s objectives.

Draft mapping of Council owned or managed land to identify pesticide exclusion and minimisation zones has been prepared through consultation with key staff including the IPM internal working group. The mapping delivers part of Objective 2 in the Policy and will be presented for consultation at public workshop(s) in 2019. As baseline data, the exclusion and minimisation zones inform on-ground works within Council’s Infrastructure Services Directorate across roadsides, town centres, parks, reserves and buildings owned and managed by Council.

In addition, a draft ‘Pesticide Use decision Tree’ has been developed to enable transparency across Council services, where pesticide use may be required due to legislative requirements e.g. Biosecurity Act 2015. It is a tool for management that facilitates procedural process where none existed before and will also be publically available once the IPM Strategy is adopted.

A Communications Plan (Attachment 2) has been prepared to guide the roll-out of the IPM Strategy.

RECOMMENDATION:

That the Biodiversity Committee:

1. Note the report and update on delivery of the project key milestones.

2. Recommend to Council to endorse in principle the IPM Strategy Communications Plan (Attachment 2 – E2018/115375).

3. Review the Draft IPM exclusion and minimisation mapping (Attachment 1 E2019/1847), Draft Pesticide Use Decision Tree (Attachment 3 – E2019/2054) and provide feedback by 12 March 2019.

Attachments:

1 DRAFT IPM Mapping example 2019, E2019/1847 , page 28 ⇩

2 IPM Strategy Communications Plan 2019 E2018/115375, E2018/115375 , page 29⇩

3 DRAFT 7 Pesticide Use Decision Tree & Managers Protocol, E2019/2054 , page 41⇩

REPORT

Background

Council resolved (Res 13-621) to develop an IPM Policy (adopted by Council, 23 August 2018; Res 18-565) and IPM Strategy for Council owned and managed land.

Since passing the resolution, pesticide use by Council staff has ceased in all children’s playgrounds, formal bus stops, town and village centres, on roadsides and on 15 of 23 sports fields. The cessation of pesticide use has been achieved through adopting some IPM principles, however the consequences of cessation have only recently been studied and interpreted. In April 2018, the IPM Directions Document (DD), which accompanied the IPM Policy’s exhibition, defined the aspirations of the original Resolution, provided information on the emerging issues and gave insight into lessons learned thus far. As a result, the data presented in the DD has informed the development of the IPM Policy and underpins the IPM Strategy.

Project Delivery

An update on the status of the development of the IPM Strategy with an outline of completed tasks is provided below. The current body of work is focussed on Milestone 9 and 10, with an outline of these key tasks provided in further in this report.

Table 1: IPM Strategy Project Key Milestones

#	Key Milestones	Due Date
1	Consultant to independently review the preparation of an IPM Strategy engaged	Complete
2	Research Officer appointed to deliver the project	Complete
3	Project Plan and Communications Plan	Complete
4	Project Kick Off meeting	Complete
5	Internal Strategic Planning Workshop with Working Group	Complete
6	Develop IPM Mapping layers – current exclusion zones	Complete
7	Biodiversity Advisory Committee meeting (replaced the SPW for Councillors)	11 February 2018
8	Develop criteria for Pesticide Exclusion & Minimisation Zones	Complete
9	Utilise criteria and map proposed Pesticide Exclusion (PEx) and Minimisation (Pmin) Zones	Current
10	Develop Pesticide Use-Decision Tree	Current
11	Community Engagement – Peer review incl Rous & B.A.C. (Confidential)	March 2019
12	Consultation with State Depts of Draft IPM Strategy	April 2019
13	Draft Strategy reported to Council for endorsement to go to Public Exhibition	23 May 2019
14	Draft IPM Strategy for public exhibition (6 weeks)	June-July 2019
15	Public information sessions	June-July 2019
16	Review submissions	July 2019
17	Final Draft Strategy reported to Council for endorsement	22 August 2019

Council’s adopted IPM Policy supports the development of both the Pesticide Exclusion and Minimisation mapping and the decision tree - refer to relevant IPM Policy extract in grey box below:

Objective 2. Establish decision-making tools to underpin and inform Integrated Pest Management. These tools include (but are not limited to):

(i) a digital map that identifies a Pesticide Exclusion Zone in which pesticides are no longer used; as well as a Pesticide Minimisation Zone where pesticide use may remain a necessary and justifiable part of an integrated pest management toolkit but is minimised on a continuous improvement basis. The principles of this mapping is to be consistent with the intent of Council Resolution 13-621 that reflects(i) cessation of the use of pesticide in high public use areas on Council-managed areas and (ii) minimisation of the use of pesticides in other areas on a continuous improvement basis,

(ii) a set of protocols to enable Council managers to approve the use of a pesticide in a Pesticide Exclusion zone in an emergency or where this is deemed necessary to meet its legislative and other obligations (including public safety, biosecurity, the maintenance of infrastructure and responsible financial management) in a manner that results in the lowest adverse outcomes for people and the environment. This will include:

a. criteria and a decision tree to assist staff decide on whether to use a pesticide and, if so, which pesticide; and,

b. examples of thresholds and pest action points in which a pesticide may need to be used

Milestone 9 - IPM Mapping

An example of the draft IPM Mapping (Attachment 1) is provided, for discussion with Committee members. All feedback is sought by 12 March 2018. With regards to the mapping, the newly enacted Crown Land Management Act 2016 has resulted in discussions with Governance regarding the future of Crown Lands where Council are the current Trust Manager. Consequently, the IPM mapping will only include Crown Land parcels actively managed as Bush Regeneration Sites, with all other Crown Reserves under Council Management excluded.

Milestone 10 - Pesticide Use Decision Tree

A Draft Pesticide Use Decision Tree (Attachment 3) has been developed which includes information that must be considered to change the methodology for pest control in a current ‘Exclusion’ zone. It is not exhaustive and is an early draft requiring further consultation with management, the IPM Working group and relevant Stakeholders. It aims to provide managers with a protocol that is transparent while delivering legislative requirements regarding pest control within the jurisdiction of Council.

The Draft Pesticide Use Decision Tree is provided for review and comment by Committee members with feedback sought by 12 March 2018.

Both tools will form the practical side of the IPM Strategy and as such are required to be easily utilised by a large stakeholder group across all directorates, as well as the general public. The requested feedback from the Biodiversity Advisory Committee regarding both tools will be presented at the next IPM Working Group Meeting on 13 March 2019.

Community and Stakeholder Engagement

A Communications Plan (Attachment 2) has been prepared to guide the roll-out of the IPM Strategy and is provided for the Committees consideration.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Objective: 3:	Community Objective 3: We protect and enhance our natural environment
Strategy 3.1:	Partner to protect and enhance our biodiversity, ecosystems and ecology
Action 3.1.1	Protect and enhance our natural environment and biodiversity
Activity 3.1.1.4	Prepare a Shire Wide Integrated Pest Management Strategy

Legal/Statutory/Policy Considerations

Biosecurity Act 2015

Biosecurity Regulation 2017

Roads Act 1993

Work Health and Safety Act (2011) & Work Health and Safety Regulations (2017)

Crown Land Legislation Amendment Act 2017

Financial Considerations

Nil

Consultation and Engagement

Comments from the Biodiversity Advisory Committee on the Draft IPM exclusion and minimisation mapping (Attachment 1), Draft Pesticide Use Decision Tree (Attachment 3) and requested by 12 March 2019.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.5

Report No. 4.5 2019 Meeting dates

Directorate: Sustainable Environment and Economy

Report Author: Michelle Chapman, Project Support Officer

File No: I2019/42

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

This report is for noting of the 2019 Biodiversity Advisory Committee meeting dates, with a change required for the previously resolved 10 June date.

Point 12 of the Constitution of the Committee advises, in regard to convening meetings:

Meetings will be held as required, generally every quarter. An annual timetable of meetings will be prepared in advance, and adopted by Council every October/November for the following 12 months. A meeting of the committee may be convened in response to either the direction of the Mayor (or in the Mayor’s absence the Deputy Mayor) in written form to the General Manager; or two Councillors in written form to the General Manager, or by resolution of the Council.

RECOMMENDATION:

That the Biodiversity Advisory Committee note the 2019 meeting dates, with the June meeting date to be Monday 17 June in lieu of Monday 10 June 2019.

REPORT

Background

At 13 December Council meeting, the following dates were resolved to hold our Biodiversity Advisory Committee 2019 meetings:

· Monday 11 Feb at 3.15pm

· Monday 10 June at 3.15pm

· Monday 11 November at 3.15pm.

The 10 June meeting needs to be rescheduled, as this is a public holiday.

Options

If Mondays at 3.15pm are still the most convenient time, then any of the three other Mondays in June are available:

· Monday 3 June

· Monday 17 June

· Monday 24 June

The Conference Room is available for these dates, at time of writing this report.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Objective: 3:	Community Objective 3: We protect and enhance our natural environment
Strategy 3.1:	Partner to protect and enhance our biodiversity, ecosystems and ecology
Action 3.1.1	Protect and enhance our natural environment and biodiversity

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Nil

Consultation and Engagement

N/A

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.6

Report No. 4.6 Submissions Report on the draft Pest Animal Management Plan

Directorate: Sustainable Environment and Economy

Report Author: Peter Boyd, Project Officer - Environmental Projects

File No: I2019/58

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

Council has reviewed its Pest Animal Management Plan 2018-2023 (Plan) to enable Council to meet its statutory requirements under the NSW Biosecurity Act 2015 and Local Land Services Act 2013. The Plan identifies the problem of pest animals and desired outcomes, objectives and actions to address and manage their impacts on Council-managed land particularly in the areas of prevention, eradication, containment, and asset protection.

The Plan was publicly exhibited for 6 weeks from 9 August to 21 September 2018. A total of 9 submissions were received during the exhibition period. Overall, most comments were positive and commended the development of the Plan (Attachment 1).

This report summarises the main issues raised during public exhibition, staff comments to these issues and any recommended changes proposed to the Plan. It is proposed that the Biodiversity Advisory Committee recommend Council adopt the Plan (Attachment 2) as amended with the changes outlined in Table 1 of this report.

RECOMMENDATION:

That the Biodiversity Advisory Committee:

1. Note the submissions received during the public exhibition period (9 August to 21 September 2018), issues raised and staff comments.

2. Recommend to Council to adopt the Pest Animal Management Plan (Attachment 2- E2018/108387) as amended following public exhibition and outlined in Table 1 of this report.

Attachments:

1 Combined Submissions Draft Pest Animal Management Plan, E2018/109031 , page 49 ⇩

2 Pest Animal Management Plan - Final - post public exhibition with all amendments made, E2018/108387 , page 64 ⇩

REPORT

Background

The Pest Animal Management Plan 2018-23 (Plan) provides a framework for the management of pest animals on Council managed land. It also acknowledges opportunities for Council to assist with pest animal management on private land when resources permit and the land meets certain criteria.

The Plan enables Council to meet its statutory requirements under the NSW Biosecurity Act 2015 and Local Land Services Act 2013, whilst fostering a collaborative, cross-tenure approach to pest animal management.

Under the Biosecurity Act 2015 all land managers, regardless of whether on private or public lands have a shared responsibility to manage pests and their impacts.

To meet these legislative requirements, Council will focus efforts on Council owned and managed land. Council will support private land managers to fulfil their obligation to manage pest animals and encourage a collaborative approach by offering technical advice and support and acting as a conduit between relevant stakeholders

Public submissions

A total of 9 submissions were received during the exhibition period (Attachment 1).

Each submission was considered by staff and the Consultant. The submission issues, staff response and recommended change/s to the Plan (if applicable) are provided below in Table 1. The recommended changes have been made to the final Plan in Attachment 2.

Table 1. Summary of public submissions, staff response and recommendations.

#	Submission issue	Staff comment and recommended change/s
1	There should be an addition of another priority area where Council may support landholders with pest control on private land	Council has identified and prioritised supporting on-ground control on private land when resources permit and land meets key criteria (6.2). *Recommended Change*: No change.
2	How does the plan distinguish between wild dogs and dingoes?	DNA testing and hybrid issues are discussed in 7.1.1 The Plan aims to protect key assets, especially Koala populations. Council’s activities focus on all free-ranging dogs. *Recommended Change:* The plan will adopt the OEH definition of wild dogs and dingoes. Two scientific names to be added to plan to differentiate the species and assist the information about hybrids (7.1.1).
3	Some Pest Control methods have been omitted and should be justified.	1. 1080 poison is promoted as a control in the plan but not used by BSC on Council land. Some community submissions have expressed concern about the affects of 1080 on target and off target animals 2. The plan does not mention control method para-aminopropiophenone (PAPP) *Recommended Change:* 1. Information on native animal resistance to 1080 to be added (7.1.1) 2. PAPP to be added to the discussion of possible control methods (3.2.1) 3. Reference to why 1080 is used to be added from DPI primefact sheet (3.3.1) 4. Preferred control methods on Council Managed Land to be justified in accordance with Council’s Integrated Pest Management Strategy (3.2.1 & 7.1.1)
4	Add alert species to the list	Yellow Crazy Ant has been found in the neighbouring Council area at Lismore and The Channon. *Recommended Change:* Yellow Crazy Ant to be added with a photo and details as an alert species (Appendix 3).
5	Council rates and/or environmental levy should support works on private lands	Council has contributed to activities on private lands in the past and the plan commits to working on private land if resources permit. Section 1.1 of the plan discusses Councils and other landholder’s statutory requirements under the new Acts. Section 6.2 outlines how Council has identified and prioritised supporting on-ground control on private land when resources permit. *Recommended Change:* No change.
6	Council should have ongoing pest programs for all priority pests	The continued allocation of funds to the program (until FY 2022/23) will enable Council to meet its statutory requirements for managing free-ranging dogs (wild dogs), foxes, feral cats, European rabbit, Indian myna and cane toads on Council managed land, however, Council’s capacity to continue undertaking free-ranging dogs (wild dogs), foxes and feral cats on private land may be limited (9.3.1). *Recommended Change:* No change.
7	Council should seek external funds to support the implementation of the plan	Grant and funding opportunities for Council and the community to implement pest management are outlined in section 9.3.2. *Recommended Change:* No change.
8	Native, aquatic and insect pest species are not included in the plan	The plan defines a pest animal as introduced (non-native) animals that present a biosecurity threat. The plan also states “Not included in the scope of the plan are aquatic pests, native (nuisance) animals, domestic or public health pests (including rodents, mosquitoes, midges and cockroaches), or pathogens of humans, domestic animals and livestock” (1.4). *Recommended Change:* No change.
9	There is a lack of clarity on how some pest species will be controlled	Control options for rabbits e.g. RHDV1 K5 are discussed (7.1.6). Actions in the Plan are to develop Operational Plans for rabbits, Indian mynas and cane toads which will identify best practice control methods. (SA1.2.1 and Table 5). Prohibiting rabbits as pets in NSW is a matter for state government. *Recommended Change:* No change.
10	The domestic cat issue needs to be addressed by education and council regulations	Section 8, Table 4 – ‘Strategic actions linked to objectives of the Plan’ (Action SA1.1.1) aims to increase community understanding on pest animal management through development and implementation of an Educational Awareness Plan for all target animals. *Recommended Change:* No change.
11	Why are STPs such an issue with priority pest species?	They are a priority to Council as they are the largest areas of Council Land, not because they have a big pest animal problem. Council owned and managed land is illustrated in Figures 5 & 6. The ‘Draft Wild Dog, Fox and Feral Cat Operational Plan’ identifies the STPs as a priority site (Appendix 4). *Recommended Change:* No change.
12	Wild dogs are carriers of Hydatid worms which can cause transfer to cattle, other livestock and domestic dogs	This comment is correct and supported by NSW DPI primefact amongst other sources. *Recommended Change:* Add hydatid information to 3.3.1- ‘Community feedback’.
13	Concern that the Trapper is only engaged for February	It was misinterpreted by the respondent that the trapper is engaged and only operating in the month of February (Table 5). Engagement actually refers to being contracted in Feb for the whole year. *Recommended Change:* Wording to be changed to reflect actual engagement via a 12 month contract (Table 5 Desired Outcomes 1).
14	Clarity is required on the amounts of on-going funding available and if it can be spent on crown lands.	The Plan states that $10k has been allocated for trapping between Jan-Jun 2018, with a further 20k allocated in 2018-19FY. Additionally Infrastructure Services provide additional funds for work on the sewage treatment plants. Funding allocations for subsequent years will be part of Councils budget process (9.3.1). *Recommended Change:* No change.
17	Cats feed mainly on rabbits and save farmers and other animals from the destruction of plants caused by rabbits. Cats have no impact on Australian wildlife. Cats are protected in European countries e.g. Italy and should be protected here.	The first 2 parts of this statement are incorrect. A law was passed in 1991 in the City of Rome protecting their stray cat and dog population. *Recommended Change:* Information on the impacts of feral cats on Australian wildlife to be strengthened to highlight the detrimental impacts of feral cats. (7.1.3).

In addition minor editorial changes have been made to the Plan by staff following the exhibition of the draft for the purpose of clarifying points and issues.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3		DP Action		L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.1			Partner to protect and enhance our biodiversity, ecosystems and ecology		3.1.1		Protect and enhance our natural environment and biodiversity	3.1.1.7	Complete and commence implementation of the Pest Animal Management Plan

Legal/Statutory/Policy Considerations

NSW Biosecurity Act 2015

Local Land Services Act 2013

Integrated Pest Management Policy 2018

Financial Considerations

Nil

Consultation and Engagement

The draft Plan was publicly exhibited for a period of 6 weeks from 9 August to 21 September 2018.

Venue	Conference Room, Station Street, Mullumbimby
Date	Monday, 11 February 2019
Time	3.15pm

Date Commenced	24 September 2018	Timeframe to carry out objectives	2018-2023
Date Group to be Disbanded	30 June 2023
Convenor / Facilitator	Council Officer, Sustainable Environment and Economic Planning
Review Timeframe	Annually

Doc No.	Date Amended	Details Comments e.g. Resolution No.
E2018/69378	20 August 2018	Res 18-623
E2018/109946	29 November 2018	Following PRG meeting 27/11/18

Actions (Operational Plan)	2018-19 Operational Plan Action 3.1 Implement the Flying Fox Camp Management Plan
Related Legislation	Local Government Act 1993 Section 451 Government Information (Public Access) Act) 2009 NSW Biodiversity Conservation Act 2016 National Parks & Wildlife Act 1974 Prevention of Cruelty to Animals Act 1979 Environmental Planning & Assessment Act 1979 Crown Lands Act 1989 Local Government Act 1993 Environment Protection and Biodiversity Conservation Act 999
Related Policies	Code of Conduct Policy 2016 Privacy Management Plan (E2013/32774) Work Health Safety Policy OEH Flying-Fox Camp Management Policy 2015
Related Procedures/ Protocols, Statements, documents	Agenda Template for PRG Meetings Minutes Template for PRG Meetings Action List Template for PRG Meetings