Notice of Meeting










Public Art Panel Meeting



A Public Art Panel Meeting of Byron Shire Council will be held as follows:



Conference Room, Station Street, Mullumbimby


Thursday, 12 September 2019








Vanessa Adams

Director Corporate and Community Services                                                                  I2019/1410

                                                                                                                                    Distributed 05/09/19




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)


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.



Public Art Panel Meeting





1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

3.1       Public Art Panel Meeting held on 9 May 2019

3.2       Extraordinary Public Art Panel Meeting held on 24 June 2019

3.3       Extraordinary Public Art Panel Meeting held on 5 August 2019

4.    Staff Reports

Corporate and Community Services

4.1       Mullumbimby Sculpture Walk - Germination sculpture and Ingenuity Sculpture Festival 2019    4

4.2       Public Art Guidelines and Criteria - Draft for review and next steps.............................. 15   




Staff Reports - Corporate and Community Services                                            4.1



Staff Reports - Corporate and Community Services


Report No. 4.1             Mullumbimby Sculpture Walk - Germination sculpture and Ingenuity Sculpture Festival 2019

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2019/1188






The Public Art Panel considered the donation of the sculpture titled ‘Germination’ for the Mullumbimby Sculpture Walk at the 24 June 2019 extra-ordinary meeting. Further information was sought and is provided in this report. The Public Art Panel is requested to assess the proposal and make recommendations to Council.






That the Public Art Panel recommends to Council:


1.       that the sculpture ‘Germination’ is loaned/not loaned for a period of five years at the           Mullumbimby Sculpture Walk location.


2.       donate/not donate $5,000 towards the Ingenuity Sculpture Festival 2019 for an           acquisition prize noting that a Public Art Panel member will be on the judging panel.






1        Public Art Panel Application Germination - for Mullumbimby Sculpture Walk, E2019/27101 , page 7  

2        Germination  sculpture details for Mullumbimby Sculpture Walk, E2019/27102 , page 13  

3        Request for Council Support for Inguenity Festival 2019, E2019/59445 , page 14  






The Public Art Panel considered the donation of the sculpture titled ‘Germination’ for the Mullumbimby Sculpture Walk at the 24 June 2019 extra-ordinary meeting. Further information was sought as requested by the Panel at that meeting.




Germination is the public art piece awarded the acquisition prize during the Ingenuity Sculpture Festival 2018. Attachments 1 and 2 provide the details of the public art proposal.


Creative Mullumbimby has stated it will take full responsibility for the installation in consultation with the residents of Brunswick Terrace and will work with Council Open Spaces staff throughout the process.


Following further investigations, the following information is provided:


·    Open Spaces staff assessed the sculpture and say that it is made from well-seasoned hardwood sleepers and is robust in nature. It appears that the artist and his supporters have designed an appropriate means of securing the pieces to a plinth that will hold them above the surrounding soil and turf while making them easy to mow around. Pieces will be routinely cleaned and oiled by the artist and Mullum Creative and this treatment should prolong the longevity of the sculpture.

·    Creative Mullumbimby have confirmed that they will maintain the sculpture with regular oiling.

·    Creative Mullumbimby have decided to ask Council to loan the sculpture for a period of 5 years, with the artist/Creative Mullumbimby retaining the responsibility for maintenance, insurance of the piece and removal at the end of the loan period.


Ingenuity Sculpture Festival 2019


Creative Mullumbimby are working towards repeating the Ingenuity Sculpture Festival for 2019 following the successful inaugural festival in 2018. The Festival is held in conjunction with the Mullumbimby Music Festival, and this year will run over 10 days from 14 - 24 November.


The festival organisers are requesting Council funds of $5,000 towards an acquisition prize, with Public Art Panel members invited to be on the judging panel for a permanent artwork to be added to the Mullumbimby Sculpture Walk.


Attachment 3 contains the request details from Creative Mullumbimby.




Community Strategic Plan and Operational Plan

CSP Objective


CSP Strategy


DP Action


OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community


Support and encourage our vibrant culture and creativity


Enhance opportunities for interaction with art in public spaces

Implement Public Art Strategy



Legal/Statutory/Policy Considerations


Public Art Policy

Public Art Strategy

Public Art Guidelines and Criteria

MOU between Council and Creative Mullumbimby


Financial Considerations


As the proposal for Germination is to loan the sculpture, there will be no financial costs to Council.


The second proposal in this report is to donate $5000 for an acquisition prize for the Ingenuity Festival 2019.


The current status of the public art budget is $40,700.


Consultation and Engagement


Creative Mullumbimby




Staff Reports - Corporate and Community Services                                 4.1 - Attachment 1

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Staff Reports - Corporate and Community Services                                                           4.1 - Attachment 2

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Staff Reports - Corporate and Community Services                                 4.1 - Attachment 3

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Staff Reports - Corporate and Community Services                                            4.2



Report No. 4.2             Public Art Guidelines and Criteria - Draft for review and next steps

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2019/1189






Following the adoption of the Public Art Strategy in August 2018, the next step in establishing a more strategic approach to public art management is to review the Public Art Guidelines and Criteria, other documentation and the public art process. Key learnings from the Bayshore Drive Roundabout Public Art Project and other sources of improvement have been applied throughout this review process.


This report outlines key considerations and proposes a way forward.





1.       That the Public Art Panel considers the first draft of the Public Art Guidelines and provides feedback to staff.


2.       That the Panel recommend/not recommend use of the Arts Law Centre of Australia           Commissioning Agreement.


3.       That the final draft Public Art Guidelines be brought back to the Public Art Panel.





1        Incorporating ‘learnings’ into revised draft Public Art Guidelines - attachment to report for Public Art Panel meeting 12 September 2019, E2019/60549 , page 19  

2        DRAFT Public Art Guidelines, E2019/43148 , page 22  






As part of developing a more strategic approach to managing public art in Byron Shire, the Public Art Guidelines and Criteria have been reviewed.


Several sources of learnings and improvement have informed the first draft of the Public Art Guidelines. The improvements identified are listed in Attachment 1 with an explanation of how learning has been applied to the draft Guidelines.


·    Bayshore Drive Roundabout Public Art Project - The learnings and improvements from this project were outlined in a draft report presented to the Public Art Panel in January 2019 and later to Council at its 28 February 2019 meeting. Improving documentation, including contracts, relevant to each stage was a specific focal point.


·    Public Art Strategy - Whilst developing the Public Art Strategy, the consultant provided comments on suggested changes to the Public Art Guidelines and Criteria in light of the new Strategy.


·    Other Identified Improvements - Other improvements have been identified from various sources, including Council resolutions, and these are also included in the summary attached.


The first draft of revised Public Art Guidelines is provided in Attachment 2 for discussion and feedback by Panel members.


Key considerations


1. Community Consultation


In the draft Guidelines attached, a Community Engagement Plan has been specified as a requirement for every project and would outline how community consultation, feedback and input will be managed throughout the project.  The Plan needs to articulate the various roles and responsibilities in community engagement, including the media spokesperson and alternate spokesperson, for the project.


The existing published Public Art Guidelines and Criteria state the following regarding community consultation:


“A community consultation process will then be undertaken [following shortlisted artists developing their final concept designs] to enable the Public Art Panel to gain a perspective of how the community relates to the project. This may include Council block advertising over a 28-day period in community newspapers where the art is likely to be located, for example Bangalow Heartbeat in Bangalow. Advertising usually appears twice during the 28-day period in which time members of the community will be able to send their submissions to Council. Adjoining owners are usually notified as part of the exhibition process. Submissions from the community will be considered during the consultation process.” (p7)


“Any proposed donated or loaned public art may undergo a public consultation process where the community will be given a right of reply. The PAP will decide on the artwork location and the decision may then undergo public consultation. Submissions from the community will be considered during the consultation process.” (p9)


More broadly, Council has committed to developing and implementing ‘The Byron Model’ which outlines community consultation and engagement guidelines for all Council projects. The Byron Model, which is soon to be presented to Council for final adoption, was developed by a statistically representative Panel of community members, as best practice deliberative democracy. One of the key areas identified by the Byron Model panel was in the ‘arts and culture’ space for community engagement.


How both project specific and broader community consultation will enable projects in the future requires further discussion.


2. Public Art Panel – role of PAP and sub-committees within the Guidelines


Requiring further clarification is the Public Art Panel role, including the role of any sub-committees formed by the Panel.


The current Public Art Guidelines and Criteria state: “The Public Art Assessment Panel (PAAP) is convened as required. The role of the panel is to assess public art proposals/ projects.


3. Weighting of local artists in selection criteria


While weighting local artists in the selection criteria, the acquisition of Public Art needs to remain consistent with Council’s Procurement and Purchasing Policy (DM1049387), which outlines procurement principles, including:


·    Value for money and sustainability

·    Fair, honest and consistent dealings

·    Local and Australian content

·    Ethical behaviour

·    Risk management

·    Competitiveness


The policy outlines Council’s procurement sustainability goals, including ‘community economic and social wellbeing’ (below), through which weighting of local artists can occur:


Council will strive to make purchasing and procurement decisions wherever possible that:


i)         Promote and support the local community and the local economy;

ii)        Promote positive cultural, economic and/or social outcomes for the community;

iii)       Promote use of goods or service which demonstrate social responsibility;

iv)       Encourage the use of locally-grown, manufactured or value-added products;

v)        Encourage employment or training opportunities in the local area.


4. Review of Commissioning Contract


The Arts Law Centre of Australia provides for purchase a Commissioning Agreement: Public Visual Artwork. The purchase price is $80.00. Their advice states that this agreement should be used when a visual artist is being commissioned by a public body, such as a local council, to design and create an artwork which will be publicly situated.


It is recommended that this sample contract be purchased for use.






Community Strategic Plan and Operational Plan

CSP Objective


CSP Strategy


DP Action


OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community


Support and encourage our vibrant culture and creativity


Enhance opportunities for interaction with art in public spaces

Implement Public Art Strategy


Legal/Statutory/Policy Considerations


Public Art Policy – adopted August 2018.

Public Art Strategy – adopted August 2018.

Public Art Guidelines and Criteria – last reviewed in October 2014.


Financial Considerations


If the Arts Law Centre of Australia Commissioning Agreement: Public Visual Artwork is purchased, the purchase price is $80.00.


Consultation and Engagement


As outlined in the report.




Staff Reports - Corporate and Community Services          4.2 - Attachment 1

Incorporating ‘learnings’ into revised draft Public Art Guidelines


Several sources of learnings and improvements have informed the first draft of the Public Art Guidelines. The improvements identified are listed in the table below with a comment on how they have been, or will be, incorporated in the new documentation.




1.   Review the cost of public art commissions across metro and regional Australia and develop a commissioning budget benchmark that will ensure the best possible public art outcomes in the Shire. Review each term of Council.

Noted this will be reviewed at the commencement of each Council term – refer note under budget p9.

2.   Consider in future commissioning one major installation per term of Council (apart from the smaller projects) and accumulating funds (including Developer Contributions) to facilitate this.

This is noted in the draft Guidelines on p4. No further public art commissions are planned for the current term of Council.

3.   De-couple the installation of public art from broader infrastructure or other project timeframes. Public Art project commissions require clear and direct oversight and should stand on their own.

A note to this effect has been added to the draft Public Art Guidelines – refer p9 under ‘Risk Assessment’.

4.   Develop realistic delivery timeframes for public art based on best practice


Note made in draft Public Art Guidelines – refer to p9

5.   Ensure that a comprehensive risk analysis is undertaken by Council at the project planning stage.


Added to draft Public Art Guidelines – refer to p9

6.   Review the Public Art Flow Chart/ Process


Revised and included as Table 1 in the draft Public Art Guidelines.

7.   Reiterate the Constitution to ensure all stakeholders have a clear understanding of the role of the Public Art Panel and any sub-committees.


Roles and Responsibilities have been added to the draft Public Art Guidelines – refer pp7-8

8.   Clearly articulate roles and responsibilities of project stakeholders

See 7 above

9.   Include a design development phase after commissioning  and ensure the project timeframe allows for this to be done in a considered manner

Added to draft Public Art Guidelines – refer p13

10. Ensure that design documentation is provided including final drawings and final budget

See 9 above

11. Provide formal reporting pathway and hold point for Public Art Panel comment for any variation to the project, including material or design changes

Added to draft Public Art Guidelines – refer Contract on p13

12. Ensure there is a stand alone communications plan for public art commissions

Added to draft Public Art Guidelines – refer to Commissioning p9

13. Ensure media and communications responsibilities are clearly articulated and planned, noting that the Chair of the Public Art Panel is the media spokesperson for the Public Art Panel

Added to the Arts Coordinator role in the draft Public Art Guidelines – refer to p8

14. Ensure the Contract explicitly covers all NSW State requirements for safety and materials handling required by the artist to access the site.

To be added to the artist brief template and contract

15. Develop a formal evaluation process including all project stakeholders within one month of completion.

Evaluation added to draft Public Art Guidelines p14


Template to be developed for evaluation

16. Split the Guidelines into 1) The Guidelines & 2) the Pro Forma documents which form the Appendices. The appendices do not need to be included and along with the Risk Rating Matrix tend to complicate it unnecessarily, and don’t need to be available on the website, but rather remain as internal templates for staff/PAP reference and inclusion in any Public Art Commissioning Brief.

Appendices have been removed from the Guidelines and the content of each will be reviewed.

17. Improve the description of the roles and responsibilities for ‘The Curator’ at 4.4.

Added to the draft Public Art Guidelines p7-8

18. Added on 6.2 Artist Selection, the option for Council to begin an EOI process from a selection of artists.

This model of acquisition is added to the options on p4-5

19. Remove the community consultation from the concept development phase in 6.3.

20. Remove the section 7.5 re public consultation.

How community consultation will be managed needs further discussion. The draft Public Art Guidelines provide for a Community Engagement Plan to be developed in the project planning phase – refer p9

21. Provided considerable suggestions for changes to the criteria for decommissioning artwork.

Comments considered and some incorporated.

22. Taken the lengthy description of the installation process out of the Guidelines which now appears as a Pro forma document, as these specifics will be referred to or included in any art brief.

Left the installation process checklist in the draft Public Art Guidelines as part of considerations when project planning – refer p9-10

23. In dealing with artists around the process outlined in the Guidelines it has been identified that the current ‘one process fits all’ is onerous when dealing with ‘community art’ projects, such as murals on walls and other small projects.

A definition of community art has been included in the newly adopted Policy.


Further discussion required re the PAP’s role.

24. There is a gap in how Council manage murals/ street art/ graffiti. Note Melbourne City Council clearly define what street art is, what constitutes a mural and what is graffiti in their ‘Graffiti Management Plan’. The plan outlines the legislation, graffiti removal, street art management, managing offensive graffiti and street art, education and supporting street art as a graffiti reduction tool.

Consider developing a separate ‘Graffiti, street art and murals’ guideline for Council.

25. Consider appointing an experienced public art consultant to facilitate and project manage high profile public art commissions from the EOI stage through to installation.

The role of an Arts Coordinator has been expanded in the draft Public Art Guidelines – refer p8

26. Ensure meeting processes and schedules for PAP and PAP subcommittees are clearly defined and agreed and sufficient for the business to be transacted

For further discussion

27. Resolution (19-054) in part:

1. Review the Public Art Commissioning Agreement/Contract so that it provides an effective control mechanism - eg. separation of concept, design development and design documentation, with clearly defined Council approval/rejection mechanisms at each of these stages. To this end, consider employing the assistance (pro bono or otherwise) of an arts lawyer with expertise in Public Art Commissions to ensure any contract documentation in future is fit for purpose.

The examples provided refer to the contents of the Public Art Guidelines and have been considered in the review.


Re reviewing the Commissioning Agreement/ Contract – refer discussion point in the report.

28. Resolution 19-061 in part:

5.Council, in conjunction with local arts organisation, run a workshop or series of workshops to assist local artists in up skilling in the Expression of Interest application process and their ability to meet the selection criteria.


Refer p6 in draft Public Art Guidelines.

29. Resolution 19-061 in part:

6. That staff investigate potential ways to increase the weighting of local artists in the selection criteria in future Expression of Interest processes and bring a report to both the Public Art Panel and Council in relation to this.

Refer p6 in draft Public Art Guidelines. Refer discussion point below.


The acquisition of Public Art should be consistent with Council’s Procurement and Purchasing Policy.



Staff Reports - Corporate and Community Services                                                           4.2 - Attachment 2








Byron Shire Council


DRAFT Public Art Guidelines





August 2019





Date Adopted by Council


Minute Reference


Document Responsibility

Manager Social & Cultural Development

Review Timeframe

As required

Last Review Date:

August 2019

Next Scheduled Review Date

As required


Document History

Doc No.

Date Amended

Details Comments



Draft Public Art Guidelines and Criteria reported to Council Res 12-728



Draft Guidelines amended following Council Res 12-728



Adopted by Council 25 October 2012 Res 12-799



Draft revisions for Public Art Assessment Panel meeting 31 July 2014


31 October 2014

Revisions adopted by Council resolution 14-471


August 2019

Draft Public Art Guidelines – complete revision following development of Public Art Strategy, revised Policy and lessons learned from Bayshore Drive Roundabout Public Art project. Council would like to acknowledge the reference:

Government of WA, Department of Culture and the Arts Public Art Commissioning Guidelines, September 2015





Further Document Information and Relationships

Related Legislation


Related Policies

Public Art Policy (E2018/66341) adopted August 2018

Arts and Cultural Policy (under development)

Related Procedures/ Protocols, Statements, documents

Public Art Strategy (E2018/56731) adopted August 2018

Public Art Panel Constitution (E2017/14185)

Development Control Plan 2014 Chapter D8: Public Art





Introduction. 4

What Is Public Art?. 4

Models Of Acquisition And Forms. 4

Supporting Local Artists. 6

Commissioning Process 

Roles and Responsibilities. 7

Project Initiation – the Project Plan. 8

Expressions of Interest/ Selection of Artist or Work. 10

Shortlisting. 11

Concept Design Development. 12

Final Selection. 12

Contract. 13

Design Development and Documentation. 13

Production of Artwork. 14

Completion of Artwork. 14

Evaluation of Project. 14

Donations, bequests and loans 

Acceptance Criteria. 15

Management of Artwork 

Copyright, legal title and ownership. 16

Cultural Gifts and Deductible Gift Recipient (DGR). 16

Maintenance. 17

Insurance. 17

Decommissioning Public Art. 19

Table 1 – Public Art Commissioning Process

Templates List 




Byron Shire Council recognises that the daily lives of residents and visitors can be enriched and enlivened through the presence of quality works of art in the Shire. Public art can add immeasurably to a community’s sense of place, contribute to civic identity, address community needs, and activate public spaces.


These Guidelines provide a framework to implement the Public Art Policy and the Public Art Strategy by outlining the standards and procedures for commissioning, managing, maintenance and decommissioning of public artworks. Council aims to provide one public art commission per term of Council.


Council’s Public Art Policy outlines Guiding Principles for public art and a policy statement. The Policy and the Public Art Strategy should be read in conjunction with these Guidelines.


What Is Public Art?


Public Art can be defined in the broadest sense as ‘artistic works or activities accessible to the public’. The work may be of a temporary or permanent nature. Located in, or part of, a public space or facility provided by both the public and private sector, public art also includes the conceptual contribution of an artist to the design of public spaces and facilities.


Public Art can contribute other dimensions to public spaces, creating ‘beloved’ spaces, interpreting culture, making a statement and recognising heritage all the while contributing to community wellbeing.


Models of Acquisition and Forms


Artworks can be commissioned, donated or loaned to Council and each model of acquisition requires a different approach to the acquisition process and management. For further information on donations and loans, refer to p15.


There are several ways public art commissions can be approached, depending largely on the nature of the project and what it is trying to achieve. The most compelling public art sensitively responds to the nature of the surrounding environment and the cultural associations with its location. A number of common public art approaches include design collaborations, place-making and functional art elements.


Examples are outlined below.


Open invitation – a process that invites all artists to respond to a brief. This is the most common form of commissioning public art and includes two stages:


1.    Shortlisting a select number of artists from the first round EOI and inviting them to further develop their proposal for a design fee;

2.    Shortlisted artists present their concept to a selection panel who select one artist.


Curated – a curator is employed when an area of specialised expertise is needed for the selection of artists or artwork to fit a highly defined brief.


Limited Invitation – is provided to a selection of artists to either respond to a brief or to present the scope of their art practice to a panel. There is often no EOI process for this commissioning model and its most often used for smaller commissions.


Direct Purchase – an artwork directly purchased from an artist within Council’s procurement process. This is relevant if an artist has a particular body of work appropriate for a specific project.


Direct Commission – this approach differs from the Direct Purchase model in that the artwork is developed specifically for the project. Artists are sometimes interviewed as part of this process.


Forms of Public Art


Public Art can take many forms and some of the more common are described below.


Stand alone describes artworks that are three dimensional and freestanding rather than embedded into the structure of a building or built space. The work may be a singular piece, a series of related works or an installation. Works of this nature have traditionally been associated with permanent materials (such as marble or bronze) however contemporary artists have expanded public art practice to use a variety of materials including found objects and multimedia.


Integrated artwork refers to art that is integrated into a building, or built space, such as ceilings, walls, glazing, screens and floors. The work has the potential to span both the interior and exterior spaces of a built structure. Integrated artwork may also assist in defining or separating space.


Applied artwork refers to work that is applied to an interior or exterior surface. This may include commissioned paintings, tapestries, murals and mosaics.


Installation art is where the artwork and the site are integral to each other. The artwork could be comprised of a number of elements but the ensemble may be viewed as a whole. The space may be created with a particular work in mind, or the artist may respond to a given space. Installation art may include land art which can be described as art that draws attention to, or intervenes in, a particular environment and is often large scale. These works are generally not functional elements of the built environment but are more about creating landmarks that contribute to the identity of a place.


Ephemeral artwork describes non-permanent work that may include temporary installations, performance art, dance, projections or displays that celebrate places, events and cultural traditions. Recycled materials are common and the approach is fresh, experimental and community focused.


The Byron Shire Public Art Strategy provides some innovative examples of other forms, such as:


Light-based art can transform spaces in an affordable way. Light can be used to create ‘sculpture’ through the manipulation of colour and light to previously unimaginable scales.


Environmental art can draw our attention to threats to environmental concerns through thought provoking artworks.


Sustainable artworks reflect the essential cultural character of a place linked to the lifestyle objectives of the future, communicating sustainability messages.


Virtual artwork is both digital artwork and also allowing public art to occupy virtual spaces. For example, in urban art, people are encouraged through apps, or even the physical presence of their bodies to affect the artwork, in various forms of intervention where an art experience becomes highly personal or experimental.


Supporting Local Artists


Council’s Public Art Policy includes an objective to strengthen the Byron Shire cultural economy through the employment, training and provision of professional development opportunities for local artists, designers and project managers.


 Two ways in which Council can assist local artists to engage in public art include:


1.    Council, in conjunction with local arts organisation, run a workshop or series of workshops to assist local artists in up skilling in the Expression of Interest application process and their ability to meet the selection criteria for public art commissions.


2.    Incorporate local weighting into the assessment criteria for public art commissions. The acquisition of Public Art will be consistent with Council’s Procurement and Purchasing Policy (DM1049387), which outlines the procurement principles, including local and Australian content and procurement sustainability goals including community economic and social wellbeing, where positive social outcomes can be generated.


Byron Shire Council acknowledges the traditional owners in Byron Shire, including the Bundjalung of Byron Bay—Arakwal people.  Council also acknowledges the people and the wider Bundjalung Nation and their connection to the land.  Council will work closely with the traditional owners and relevant stakeholder groups to ensure Aboriginal stories will be weaved into the fabric of the region.



Commissioning Process


The steps that need to be considered when commissioning public art in Byron Shire are outlined in Table 1 at the end of this document. It is recognised that not all steps are relevant for every commission, however the information may still be useful and help provide context.


Commissioning projects will be initiated and developed in accordance with the Public Art Strategy.


Roles and Responsibilities


The process of developing public artworks for a community often involves collaboration with a range of stakeholders.


There are three key roles in any public art commission – the commissioner, the creator and the manager. These need to be determined for each commission and clearly defined with a contract developed for the Arts Coordinator / Curator.


Council (the commissioner/ acquirer) – the role of Council is to develop, manage, coordinate, and preserve Public Art resources and assets. To assist in the role, Council works in consultation with the Public Art Panel for advice.


Public Art Panel – the role of the Panel is outlined in the Constitution for the Panel and includes:


a) Advise Council on Public Art trends and issues and manage expectations of the Byron Shire community.

b) Assist Council in meeting the objectives of the Public Art Policy.

c) Devise a Public Art Strategy, which sets out a proactive approach to public art in the Byron Shire.

d) Assess public art donation and loan proposals against the Public Art Guidelines and Criteria and provide recommendations to Council.

e) Provide advice, if required, pertaining to Public Art in private developments as per the Development Control Plan for Public Art and the Public Art Strategy.

The Artist or creator – the roles and responsibilities of the artist need to be clearly defined during the establishment of the project brief and any contracts developed.


Primarily the role of the artist will be to develop and produce the artwork. The artist responds to issues defined in the brief, such as interpreting history or responding to local community values. The artist should be available as required to assist with community consultation processes.


Other tasks for the artist include:

·    Liaise with engineers/fabricators in the design and costing of the artwork

·    Consider risk management and assessment issues

·    Manage fabrication and installation with subcontractors

·    Work in collaboration with other artists or design professionals, such as architects

·    Develop a maintenance plan for the artwork and undertake project evaluation.


The Curator/ Arts Coordinator (the project manager) – the Arts Coordinator will be contracted for special projects by Council on a case by case basis. Responsibilities may include:


·    Manage the artwork acquisition/ commissioning process from end-to-end

·    Liaising with the commissioner, the architect, the artist and the building contractor

·    Advising on appropriate commissioning models

·    Assisting with aspects of project planning from the inception

·    Writing the brief for the artists for the EOI and having input to other parts of the Project Plan as appropriate

·    Recommend an appropriate panel membership for the project

·    Manage media and the implementation of the Community Engagement Plan in conjunction with Council

·    Manage the EOI and the artist shortlisting process, and the final selection of the successful candidate

·    Manage the commission model selected for the project, for example open invitation or limited invitation

·    Organise an architect’s briefing and, where appropriate, a site visit for shortlisted artists

·    Ensure the artist’s contract is signed

·    Attend Panel meetings to answer questions in relation to the design and installation

·    Provide timely (fortnightly) advice on issues and concerns relating to the commissioning and installation process

·    Manage studio visits where appropriate to view work-in-progress

·    Examining artwork items to determine condition and authenticity (quality assurance)

·    Work in collaboration with artists and other Council staff and subcontractors regarding the placement of artwork.

·    Ensure timely progress payments to the artist and that the work is completed and installed on time

·    Examining items to determine condition and authenticity

·    Identify and classify artwork

·    Keep and maintain records about all items including images and data for the project.


Project Initiation – the Project Plan


A Project Plan developed using the Public Art Project Plan is a first step in commissioning an acquisition. The following considerations need to be included in an overarching Project Plan.


Arts Coordinator Engagement


The first step is in determining if an Arts Coordinator will be engaged for the project. The Arts Coordinator can lead the development of the project including the Project Plan documentation outlined in this section.


A contract should be prepared for the Arts Coordinator/ Curator if required and call for Expressions of Interest to fill the role prior to the next steps being implemented.



Select a commissioning model/ approach


There are many different commissioning models and some are outlined in the Overview Section – Models of Acquisition and Forms on p4-5.


The most appropriate model for a project will depend on a number of factors, including the scope of the project, the budget, whether it is a new build or a refurbishment, how the overall project is being contracted, the location and profile of the site. Some public art projects use a combination of commissioning models.


Whatever model is selected, ensure there are realistic delivery timeframes and budget factored into the project timeline.


Risk Assessment and Management


A Risk Management Plan must be developed for the project and will inform development of a Community Engagement Plan.  Of particular note, no Council managed projects will link the timeline of a public art project to the deliverables of major infrastructure projects. Public art projects must stand alone.


Community Consultation


A Community Engagement Plan is to be developed for the project outlining the key stakeholders and how community consultation, feedback and input will be managed throughout the project.


The Plan needs to articulate the various roles and responsibilities in community engagement, including the media spokespersons, and alternate spokesperson, for the project.




At the commencement of each Council term, benchmarking of public art commissioning budgets will occur using a range of regional and metropolitan examples as a baseline.


Development of the budget should consider the following:


·    Management fee for the art coordinator

·    Design concept fees for the shortlisted artists

·    Design fee for the successful artist if relevant

·    Additional insurances if required

·    Transport costs to site

·    Any permits or approvals required

·    Footings and foundations

·    Remedial work to the surroundings

·    Provision of power and water

·    Interpretive material (such as plaques/ signage etc.)

·    Installation costs

·    Ongoing maintenance and conservation of the artwork.


Installation Preparation


When considering the site for installation of a public artwork, the following checklist may be helpful in determining project plan steps:


·    Is installation consistent with the Plan of Management or other strategic plans for the proposed site?

·    Is the site ready for work to be installed?

·    Does timing of installation avoids busy holiday periods

·    Is a concrete pad or foundation works required?

·    Have all the services been appropriately prepared, such as electrical?

·    Have all site dimensions and measurements been confirmed?

·    Is access to the site restricted in any way?

·    Are any permits or approvals required?

·    Will traffic arrangements be required for installation?

·    Are the relevant installation contractors engaged and prepared?

·    What tools and equipment will be required?

·    Is appropriate insurance in place, including during transportation?

·    Are WHS requirements understood and provisions in place?

·    Are any parking approvals/ arrangements required for contractor vehicles?


Artist Brief


The artist brief should be flexible enough to allow for a creative response, while still meeting Council’s needs and any specific functional and technical requirements.


A Public Art Brief has been developed for use. Additionally, the brief will outline the selection criteria that will be used to assess the different stages of the submission process.


Artwork Selection Committee


Determine if a separate artwork selection committee will be required for the project and make steps to establish a committee for the assessment of submissions leading to the selection of the final artwork.

Expressions of Interest/ Selection of Artist or Work


The artwork brief is usually released through an EOI process. In some circumstances an EOI is not the preferred method of procurement. In these cases an artist’s briefing session may occur or artists can be directly commissioned.


The EOI submission usually includes:


·    The artist’s CV

·    Written responses to the artist’s brief, with demonstrated experience relating to the selection criteria

·    Relevant images of past artworks.


Broad reach to a maximum number of artists would include print and online advertising including via professional arts organisations, art coordinator networks, social media and via media release. An EOI is usually open for three to four weeks, although larger commissions may be open for longer.


In addressing the criteria outlined in the Project Brief, artists will be required to submit a rigorous response comprehensively describing their proposed concept, their approach, philosophy and professional capability to deliver a public commission.



The purpose of this stage is to ensure the successful selection of an artist through an equitable and transparent process.


For commissions involving an EOI process, the applications are assessed against the selection criteria by a selection panel. The panel composition varies according to each project but usually includes the project architect and other relevant stakeholders. The panel is generally facilitated by the art coordinator, who is a non-voting Chair.


In assessing each concept, as per the assessment template,  the Public Art Panel aims to ensure that the successful proposal:


1.        responds to the curatorial content of the Art Brief

2.        is of a high standard in terms of design and technical and structural execution

3.        is culturally appropriate

4.        requires minimal maintenance

5.        does not pose risk or WH&S management issues

6.        best meets the requirements outlined in the project brief and Council’s objectives

7.        meets relevant building and safety standards

8.        does not pose any long-term conservation issues

9.        meets the requirements of the project budget

10.      will meet the specified timeframe; and

11.      is assessed on the basis of the guidelines outlined in this document and Council’s Public Art Policy.


The panel members may review and rank each application individually against the selection criteria before meeting to undertake a group assessment using the same process. Short listing may result in a number of artists being interviewed by the Public Art Panel.  Alternatively the number of artists to participate in the concept stage may be selected directly therefore bi-passing the interview stage.  Depending on the scope of the project, two or three artists will be selected to go onto the concept design stage.


Commissions for large projects may instead shortlist a pool of artists who may be called upon to submit a project proposal.


A report is prepared using the information from the selection panel for a Council endorsement of the decision. Artists are notified in writing of the outcome of the EOI process. The panel deliberations should be kept confidential; however artists may seek feedback about their submission. Council is not obligated to proceed with a commission if the calibre of submissions does not meet expectations of quality.


Once the preferred public artwork concept has been selected by the Public Art Panel, a recommendation for the preferred artist will be made to Council for endorsement.


Concept Design Development


Some Limited Invitation and Direct Commission models may bypass the EOI process and commence the public art project at the Design Concept stage. For commissioning models using an EOI process, the design concept stage allows shortlisted artists to develop the concepts they submitted as part of the EOI process.


Shortlisted artists will be required to enter into a Concept Design Agreement (contract). A fee should be paid to all shortlisted artists to assist with the development and production of the design concept. The fee does not include the rights to concepts, drawings, maquettes and models submitted as part of the presentation, which remain the property of the artist.


To provide the shortlisted artists with more detailed information about the commission, a briefing is usually held. The briefing may include presentations by the art coordinator, the commissioner (Council), architect and any other relevant professionals, as well as a site visit.


The design concept to be developed by the artist may include:


·    A written description of the artwork and response to the theme

·    Drawings, sketches and/or digital images indicating the location, scale, colour and materials of the artwork and where appropriate, a 3D model r digital images of the proposed artwork

·    Material samples

·    A methodology for community participation/ consultation in the project

·    Details of major fabricators, industry collaborations and other design professionals required to produce the artwork

·    Preliminary budget or cost estimates

·    Work program and payment schedule - must be able to demonstrate the viability and construction methodology of the public art concept to an agreed budget.

·    Proof of relevant insurances

·    Preliminary details of installation requirements.


Artists are usually given four weeks to submit their design concept, however, this depends on the scope and complexity of the commission.

Final Selection


Artists will be required to present their concept design to the Public Art Panel who will review all designs and select the final public art work and refer to Council for final determination.  The selection panel will assess the presentations and the design concepts using a similar process to that undertaken in the EOI process.


The assessment should consider:


·    The response to the brief and whether the artist has an understanding of the project objectives

·    The quality and creativity of the proposal

·    Previous experience

·    Appropriate level of skill to match the requirements

·    Demonstrated ability to work collaboratively with the project team and the community

·    Realistic implementation/deliverability and budget.


The artist will be required to submit a maintenance plan, as per document  template,  prior to Council’s endorsement of the concept design.



Once the preferred artwork has been endorsed by Council, the successful artist will be offered a contract agreement (template Public Art Commission Agreement) that will outline the specific terms and conditions of the project between the parties.


The contract should include a work program with milestones, including a payment schedule. The contract may also address specific requirements of the project, such as:


·    Who pays for preparatory work such as services and fixtures

·    Who pays for transport, delivery and installation of the artwork

·    Who organises and pays for remedial work around the artwork after installation

·    Who provides for the hire of equipment or professional advice which may be needed for items such as the footings or installation

·    Who insures the work in progress and when does the responsibility transfer

·    Who is responsible for maintenance and care of the completed artwork.


An open and collaborative communication process will be encouraged between all parties at all stages of a commission. Variations to the contracted arrangements will be reported to the Public Art Panel for comment or advice.

Design Development and Documentation


During design development, the artist or artist team will:


·    Review and refine the original design concept, particularly in response to any comments or directions that may have been made by the selection panel during the final selection meeting

·    Review and finalise the budget by securing firm quotations from suppliers and/or fabricators

·    Meet with the project architect to finalise locations and resolve any integration issues

·    Meet with other design professionals as required, such as landscape architects and Aboriginal stakeholders

·    Meet with material suppliers and/or fabricators

·    Produce samples or prototypes

·    Undertake further research of materials and finishes before making final selections.


The artist will provide final drawings, prototypes, samples and documents as part of the design documentation stage, noting any amendments to the original design proposal. Where appropriate, the artist meets with the engineer to obtain engineering specifications and certification where they are required for the structural elements or fixing.


The artist also needs to demonstrate that any professionals they engage have the relevant insurance. This is a project hold point until appropriate and sufficient documentation is provided for Public Art Panel approval.


Production of Artwork


The artist will be responsible for ensuring construction/fabrication complies with all relevant standards and Council policies and planning instruments.  Fabrication of the public art proposal will be monitored by a relevant Council officer or Arts Coordinator.


During this stage, the artist will be required to meet the milestones outlined in the contract, which in turn will trigger progress payments to be released. During production, the artist will provide regular, written updates (including images) on the progress of the artwork to the art coordinator. These updates will be provided to the Public Art Panel. Where appropriate, a studio visit is undertaken by the Art Coordinator and may also involve the architects and other stakeholders.


Installation of the public art work will be determined at the Commission Contract stage.  It may be the responsibility of the artist and/or Council to install the art work.  Responsibility for installation and maintenance will be determined at the project brief development stage. 

Completion of Artwork


Once the artwork has been completed according to the terms of the contract, the artwork will be installed in accordance with the conditions outlined in the contract between the artist and Council.


At the end of the project, the artist should provide Council with images and a final maintenance report, as per template. An event may be organised involving the artist and stakeholders to celebrate and promote the project.


Once installed, the artwork will be inspected by Council staff or nominated professional engineer as per template and a Certificate of Practical Completion (template) issued. At this stage, the final fee, less the retained which may be held until completion of the Warranty Period as per the Commission Contract (clause 7.4), is paid to the artist and the artwork is entered onto Council’s public art register.


Following a further three month period, a Certificate of Final Completion (Appendix 8) is issued if no ongoing structural or maintenance issues are identified.

Evaluation of Project


At the completion of the project an evaluation of the project should be conducted. This information can be used to review processes and maintain best-practice in the commissioning of public art.


A template has been prepared for this purpose: Project Evaluation Template.


The Cultural Development Network outlines five cultural outcomes on which to evaluate the benefit to the community of art and these are available in the template as options for evaluation.


Donations, bequests and loans


Byron Shire Council may be offered donations and gifts of public artworks by individuals or commercial entities wishing to make a cultural contribution to the Shire.  While Council is grateful for such offers, it is not obliged to accept the artworks since they may carry with them expensive responsibilities for installation, maintenance, conservation and decommissioning. 


When an artwork is loaned to Council, the artist will be responsible for maintaining and insuring the Public Artwork on loan.  It is the artist’s responsibility to inform Council prior to undertaking maintenance and repairs on the art work. Council will not be responsible for any damage, loss or destruction of loaned artwork. Artworks are loaned to Council for a defined period and an assessment of the artwork for loan is usually undertaken by the Public Art Panel. Council will only agree to accept public art loans which meet the criteria established by the Policy, Strategy and these Guidelines.


Council will only agree to accept public art donations, bequests and loans which meet the criteria established by the Public Art Policy, Public Art Strategy and these Guidelines.


Acceptance Criteria


Proposed public art donations and bequests will be assessed by the Public Art Panel which will then make a recommendation to Council for consideration and endorsement. (Template: Checklist for Assessment of Public Art Loans or Donations.) Any proposed donated or loaned public art may undergo a public consultation process where the community will be given the opportunity to have a right of reply.


It is the responsibility of the artist making the donation or loan, to provide the Public Art Panel with enough information to make an assessment of the proposal. This includes submission of the following:


·    A Public Art Asset Application pro forma (Template)

·    A Public Art Risk Assessment (Template)

·    A Public Art Maintenance Manual (Template)

·    Other information such as the artist’s CV, artistic statement, Photo’s/ drawings providing visual samples of proposed work and proposed signage to accompany the artwork (see 7.2)


It is at Council’s discretion if, and where donated and bequest artwork will be displayed.


Signage for artwork will be required to be presented at the project proposal stage for approval by Council.  Signage is limited to the name of the artist and a brief artist statement.




Management of Artwork


Art work subject to the Guidelines may include, but is not limited to, sculptures, bronzes, paintings, murals, mosaics, and other approved design elements and pieces installed in Council public places, private sites which impact on the public domain and Council-managed/owned buildings and public infrastructure within the Byron Shire.


Council maintains an Asset Management System with a layer of GIS data of the location and condition of artworks in public spaces.


Council also maintains a Visual Arts Register of Council owned paintings and other visual artworks located within Council buildings. Council have received a collection of visual artworks over many years by donation or acquisition. As there is no public gallery in Byron Shire, these artworks are displayed in public buildings such as Council offices and community facilities.


Copyright, legal title and ownership


An artist’s rights are protected under the Copyright Amendment (Moral Rights) Act 2000. Under the Act, all original artwork must be attributed to the artist.


The ownership of the public artwork and copyright will be determined within the acquisition process and the land on which it is located. Artwork donated to Council is generally owned by the community with Council holding responsibility for the artwork on behalf of the community.


All public artworks will need to be registered as an asset and placed on the Public Art Register which has been developed by Council.  The Register of Public Art will be maintained by Council officers.


Council may contribute financially to donated or bequest artwork. Council reserves the right to on-sell or re-donate the artwork.


Cultural Gifts and Deductible Gift Recipient (DGR)


Certain organisations are entitled to receive income tax deductible gifts and tax deductible contributions.  They are called Deductible Gift Recipients (DGRs).  Byron Bay Library and Lone Goat Gallery are registered as a Deductible Gift Recipients and gifts or donations to the library are tax deductible.  Please note that the Lone Goat Gallery does not collect artworks (i.e. there is no Gallery collection). Gifts donated to all other parts of the council are not tax deductible.


The process for donating/receiving gifts for the library is outlined in the Department of Regional Australia, Local Government, Arts and Sport’s Cultural Gifts Program.






Ongoing Maintenance

In commissioning public artworks and in accepting bequests and gifts, Council accepts the inherent responsibility to maintain the work of art and its surroundings in a manner which is consistent with the design intent of the work, does not significantly inhibit or alter the intended perception of the work and is in accord with the instructions contained in artist's Maintenance Manual for the work (Template), whose annual requirements will have been assessed and approved prior to the work's fabrication as being appropriate and within Council's financial and human resources.


The maintenance manual provided by the artist should include:

·    a complete description of the artwork including digital images and the date of completion;

·    the artist contact details;

·    a maintenance schedule and a written agreement on who is responsible for the ongoing maintenance;

·    the expected lifespan of the work;

·    the method of construction, the types of materials used and the details of the fabrication company;

·    details of any electrical and/or mechanical systems installed;

·    any specific instructions or products to be used when cleaning and maintaining the artwork;

·    any instructions to respond to urgent maintenance issues such as vandalism.


Council does not accept responsibility for the maintenance of public art which has been loaned. This responsibility lies with the artist.


Council also accepts that making provision for proper upkeep, maintenance, and minimisation of vandalism includes the requirement for forward identification and cost planning of the progressively increasing annual cost of public art maintenance as the number of commissioned works grows.



In all cases, the artist should have the first option to carry out repairs or recommend an appropriate repairer; however, the artist may not always be available and may wish to nominate a conservator, gallery, agent or organisation to be the first point of contact to provide initial advice, names and addresses of fabricators and suppliers of materials for replacement components, technical advice or repairs, as relevant and any details of spare parts that have been lodged. 




Council Insurance

All commissioned and donated artworks will be recorded on the Public Art Register and will be the property of Council thus will be valued and covered under Council’s insurance.


The processes of installation, maintenance, moving the artwork or decommissioning, will need to be considered on a case-by-case basis with Council’s insurers. In the case of damage where Council insures an artwork, negotiations will be required to ascertain who will pay the excess fee if damage is sustained.


Artists are responsible for an artwork while it is the control of the artist i.e. until Practical Completion, such as in transit and installation of the artwork on site. The artist must maintain their own insurances, including public liability and workers compensation. Once the work is formally handed over to Council, only then will it be insured by Council.


Artist Insurance

Insurance is an important aspect of public art and artists and their subcontractors need to look carefully at the insurance requirements outlined in the commission contract or agreement before signing it. 


All artists who loan public artwork to Council should have their own insurance. 


Property Insurance

All loaned art work will be provided by the artist at the artist’s risk.  Council will not be responsible for any damage, loss or destruction of donated or loaned artwork.  This includes the removal of graffiti and any rectification work required to maintain the donated artwork.


Workers Compensation

A practitioner who is an independent contractor will be responsible for taking out workers’ compensation insurance to cover themselves and anyone the practitioner employs directly to work on the commission, both on and off site.  The cost of the insurance should be included as an item in the commission budget.


Public Liability

Council will be responsible for public liability of any public artwork commissioned, or donated if displayed for public art.


Decommissioning Public Art


All artwork has an intended lifespan. Decommissioning refers to the process undertaken to remove a work of art from public display, or from a public collection.  If an artwork has reached its intended lifespan, has been damaged or destroyed, or is no longer safe, there may be a need to remove or relocate the artwork.


Council will undertake a review of its public art work assets annually to assess the value of the asset life.  The decision to decommission public artwork will be informed by the asset management and maintenance framework relevant to each public artwork.  The Decommissioning Public Artwork pro forma (Template) has been developed to assist Council with determining the need to decommission public art works.


Criteria for decommissioning

Before an art work may be considered for removal from public display, a formal process should be implemented and may consider:


·    any conditions relating to the decommissioning of the artwork, as outlined in the original contract;

·    changes to the environment impact on the integrity of the work, affecting the artist’s original intent or moral rights;

·    whether the work has deteriorated and represents an unacceptable level of risk or danger to the public

·    whether the artwork is beyond restoration or the cost of restoration is excessive in relation to the value of the public artwork;

·    the opinions and advice of relevant stakeholders, including the artist, maintenance contractors, the owners of the building or land on which the artwork is located, or any other experts, such as engineers;

·    community or cultural issues associated with the artwork, building, land and/or original commissioning process.


The Public Art Panel will be responsible for reviewing Council’s public artwork collection and for implementing the decommissioning process.  Any artwork identified for decommissioning or remediation should not be removed, relocated, sold or destroyed without first notifying the artist.


The Panel will be required to consult with individuals with the relevant qualifications and/or expertise prior to making a decision to decommission public art works (e.g. legal advice, a conservator, curator; technical and structural experts and relevant Council staff). 


All recommendations to decommission artworks will be referred to Council.



Table 1 – Public Art Commissioning Process

Templates List


(All attached as Appendices E2014/72474)



Stage 1 – Project Initiation and Development


Public Art Project Plan (for commissioned projects) including:

- Art Coordinator contract

- Risk Management Plan
- Community Engagement Plan
- Commissioning model
- how artist will be selected 
- budget
- installation considerations for site

Newly developed


Public Art Commission Checklist for staff (draft E2019/21165)


Appendix 1 - Public Art Project Brief Pro-forma

Public Art Project Brief including assessment criteria for selection


Template based on Bayshore Drive Roundabout Project (E2018/39447) and Railway Park Project (E2018/54712).

Stage 2 – Selection of Artist

Appendix 4 – Public Art Concept Design Assessment Sheet


Based assessment criteria developed during Project Brief phase

Appendix 2 – Notification of unsuccessful public art proposal



Stage 3 – Concept Development

Appendix 3 – Public Art Concept Design Agreement Template


To be replaced with one based on Arts Law Centre of Australia

Appendix 4 – Public Art Concept Design Assessment Sheet


‘tweaked’ to suit stage 2 of the process - based assessment criteria developed during Project Brief phase

Stage 4 – Implementation

Appendix 5 – Public Art Commission Contract


To be reviewed by lawyer with experience/ specialization in public art

Engineer Inspection Checklist/ sign off



Appendix 9 – Public Art Asset Application pro-forma



Appendix 6 – Public Art Maintenance Manual example



Appendix 10 – Public Art Risk Assessment



Appendix 7 – Public Art Certificate of Practical Completion



Appendix 8 – Public Art Certificate of Final Completion




Appendix 13 – Checklist for assessment of Public Art loans or donations



Appendix 11 – Decommissioning Public Artwork pro-forma



Appendix 12 – Maps showing parks in Byron Shire



Project Evaluation Template




Evaluating Cultural Outcomes


New – information