Agenda of Byron Shire Floodplain Risk Management 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 Code of Conduct for Councillors (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 the Code of Conduct for Councillors.

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.

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 of the provisions in the Code of Conduct (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 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 North Byron Floodplain Risk Management Study and Plan Project Update

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2019/1446

Summary:

Following the previous North Byron Floodplain Risk Management Study and Plan update report and Floodplain Management Committee Meeting, WMA Water has been working on various aspects of the Floodplain Risk Management Study.

The following is provided within this report for discussion with the committee at the upcoming meeting:

· Flood mitigation options modelling results

· Hydraulic categories and Hazard Classifications

· Information to Support Emergency Response

· Proposed Assessment of Cumulative Impacts of Development

RECOMMENDATION:

1. That the information provided within Hydraulic categories and Hazard Classifications section of Attachment 1 (E2019/68025) is supported for inclusion within the Draft Floodplain Risk Management Study document.

2. That the information provided within Information to Support Emergency Response section of Attachment 1 (E2019/68025) is supported for inclusion within the Draft Floodplain Risk Management Study document.

3. That four flood mitigation options proceed to detailed flood mitigation assessment stage; Billinudgel Levee (with and without supporting infrastructure improvements), Federation Bridge debris control measures, Avocado Court Overland Flow Path and Saltwater Creek Upgrade.

4. That small stormwater pumps be investigated as a mitigation option to resolve nuisances flooding to properties following flood events and smaller heavy rainfall events in areas that are not drained by the South Golden Beach flood pump.

5. That the proposed Assessment of Cumulative Impacts of Development is supported with the addition of the following considerations:

A. Assessment of increased impervious areas in South Golden Beach, Mullumbimby and Brunswick Heads be included in the proposed Assessment of Cumulative Impacts of Development. (Attachment 3 - Appendix B – E2019/68028) Due to the drainage issues that infill development is causing.

B. Undeveloped blocks of land which are currently zoned residential development within the existing South Golden Beach No Fill Zone, be considered for fill approval, as part of the Assessment of Cumulative Impacts of Development. (Attachment 3 - Appendix B – E2019/68028)

Attachments:

1 North Byron FRMS&P - FMC No.6 Memo - 24 September 2019, E2019/68025 , page 10⇩

2 North Byron FRMS&P - FMC No.6 Memo - 24 September 2019 - Appendix A - Modification Measures, E2019/68026 , page 59⇩

3 North Byron FRMS&P - FMC No.6 Memo - 24 September 2019 - Appendix B- Assessment of Cumulative Impacts of Development, E2019/68028 , page 99⇩

4 North Byron FRMS&P - FMC No.6 Memo - 24 September 2019 - Appendix C - Evacuation Route Planning, E2019/68030 , page 103⇩

5 North Byron FRMS&P - FMC No.6 Memo - 24 September 2019 - Appendix D - Time to First Flooding, E2019/68031 , page 109⇩

REPORT

WMA Water have been progressing the North Byron Floodplain Risk Management Study project as discussed at the previous Floodplain Management Committee meeting No.5.

The attached memo and supporting appendix from WMA Water provides the committee with a project update and a considerable amount of new information to review. This information will be presented and further explained to the committee by WMA Water at the committee meeting. All information is provided across Attachments 1 to 5 of this report.

The Floodplain Management Committee meeting No.6 will provide the committee with the time and opportunity to provide feedback on this information using their local knowledge to guide the project towards a well prepared Floodplain Management Plan.

Examples of the feedback needed at the meeting include:

· Are the Hydraulic and Hazard classifications appropriate?

· Do the response classification make sense?

· Are the evacuation centres suitable? Have they all been included?

· Do the evacuation routes make sense?

· Are the flooding hotspots correct?

· Which mitigation options should be carried forward to detailed assessment and cost benefit analysis?

It is recommended the committee consider the attached information and consider the above questions or any others they may have prior to the meeting.

Following the presentation and answering any question the committee can develop recommendation for Council.

The following are the staff recommendations:

Hydraulic categories and Hazard Classifications

That the information provided within Hydraulic categories and Hazard Classifications section of Attachment 1 (E2019/68025) is supported for inclusion within the Draft Floodplain Risk Management Study document.

Information to Support Emergency Response

That the information provided within Information to Support Emergency Response section of Attachment 1 (E2019/68025) is supported for inclusion within the Draft Floodplain Risk Management Study document.

Detailed Flood Mitigation Assessment

That four flood mitigation options proceed to detailed flood mitigation assessment stage; Billinudgel Levee (with and without supporting infrastructure improvements), Federation Bridge debris control measures, Avocado Court Overland Flow Path and Saltwater Creek Upgrade.

Avocado Court is a flash flooding area which may not see the desired improvements within a broad scale catchment flood model. Therefore it is recommended that this option see further investigation.

While the Saltwater Creek flow path assessment did not result in the desired flood peak reductions, it could result in other benefits. Such benefits include improved environmental flows through the area and reduced blockage risks if the culverts were enlarged. Therefore it is recommended this option be investigated further.

It is further recommended that small stormwater pumps be investigated as a mitigation option to resolve nuisances flooding to properties following flood events and smaller heavy rainfall events in areas that are not drained by the South Golden Beach flood pump. As shown by green ovals below.

Assessment of Cumulative Impacts of Development

That the proposed Assessment of Cumulative Impacts of Development is supported with the addition of the following considerations:

This will allow development to proceed on these blocks and the existing drainage issues which impact surrounding residents be resolved. Fill to within surrounding ground levels only.

Next steps

Over the coming months the following tasks will be completed:

1. Detailed assessment of key mitigation options, as recommended.

2. Completion of Assessment of Cumulative Impacts of Development.

3. Drainage upgrade recommendations for Mullumbimby and Brunswick Heads.

4. Property modification measures.

5. Response modification measure.

6. Education Materials.

7. Draft Floodplain Risk Management Study Document.

8. Public Exhibition of the Draft Floodplain Risk Management Study Document.

Legal/Statutory/Policy Considerations

NSW Councils are expected to prepare Floodplain Risk Management Studies and Plans for flood prone catchments within their local government areas. These documents must be prepared in accordance with State Government Policy.

The NSW Floodplain Development Manual 2005 is the current policy used by State Government for the preparation of such documents.

This project is following the methods prescribed in the NSW Floodplain Development Manual for completing Floodplain Risk Management Studies and Plans.

Reviewed by Legal Counsel: ☐

Financial Considerations

There are no financial consideration for the committee to consider within this report.

Reviewed by Manager Finance: ☐

Consultation and Engagement

The Office of Environment and Heritage have been consulted between FMC meetings to ensure they are aware of where the project has been heading.