Notice of Meeting

 

 

 

 

 

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Byron Shire Floodplain Risk Management Committee Meeting

 

 

A Byron Shire Floodplain Risk Management Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Tuesday, 26 November 2019

Time

2pm

 

 

 

 

 

 

 

Phillip Holloway

Director Infrastucture Services                                                                                           I2019/1926

                                                                                                                                    Distributed 19/11/19

 

 


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

Byron Shire Floodplain Risk Management Committee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

3.1       Byron Shire Floodplain Risk Management Committee Meeting held on 24 September 2019

4.    Staff Reports

Infrastructure Services

4.1       North Byron Floodplain Risk Management Study Draft Document................................. 4   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   4.1

 

 

Staff Reports - Infrastructure Services

 

Report No. 4.1             North Byron Floodplain Risk Management Study Draft Document

Directorate:                 Infrastructure Services

Report Author:           James Flockton, Drain and Flood Engineer

File No:                        I2019/1832

                                       

 

 

Summary:

 

The first draft of the North Byron Floodplain Risk Management Study has been prepared by WMAwater and is provided for review and discussion.

 

The draft report brings together all the preceding work packages, as well as providing new information, particularly with regards to Response Modification Measures and Property Modification Measures.  Detailed assessment of the preferred structural mitigation options is also presented.

 

 

  

 

RECOMMENDATION:

1.       That Council support the public exhibition of the Draft North Byron Floodplain Risk Management Study Attachment 1 & 2 - (E2019/83311 & E2019/83313) from 20 January to 21 February 2020.

 

2.       That Council delegate staff the authority to make minor amendments to the Draft North Byron Floodplain Risk Management Study documents, in consultation with support from the Floodplain Management Committee, prior to it going on public exhibition in January 2020.

 

 

Attachments:

 

1        North Byron FRMS Draft Report, E2019/83311 , page 7  

2        North Byron FRMS Figure Pack High res, E2019/83313 , page 369  

3        North Byron FRMS Figure Pack Low res, E2019/83312 , page 450  

 

 


 

REPORT

 

The first draft of the North Byron Floodplain Risk Management Study (FRMS) has been prepared by WMAwater and is provided at attachments 1 to 3 for review and discussion.

 

The draft report brings together all the preceding work packages, as well as providing new information, particularly with regards to Response Modification Measures (section 11.5 of the FRMS) and Property Modification Measures (section 11.6).  Detailed assessment of the preferred structural mitigation options is also presented (section 11.4.10).

 

At the November meeting, the Floodplain Management Committee will be asked to agree the criteria to be included in the Multi-Criteria Assessment and the associated scoring system (section 11.7).  This will then allow WMAwater to undertake an assessment of all recommended options to identify the prioritised list of options that will form the basis of the subsequent Floodplain Risk Management Plan (FRMP).  The results of the scoring system will be added to the FRMS but will not result in any decisions occurring.

 

At the time of agenda preparation the FRMS is missing some sections.  These are highlighted in yellow in the document and below:-

 

·    Results from Cumulative development modelling (Section 8.1.3)

·    Results from 2 road raising options (11.5.3, 11.5.4)

·    Costing / impacts for Voluntary House Raising and Voluntary House Purchase  (11.6.1, 11.6.2)

·    Detailed option assessment, costing and design (12.1)

·    Multi-criteria assessment (12.2)

 

It is planned to have all the above except the Multi-criteria assessment ready to table at the FMC meeting and time will be provided to the committee to comment on this in the weeks after the meeting.

 

The purpose of the FRMS document is to provide all the information to decide what forms the Floodplain Risk Management Pan (FRMP).  The committee will agree what forms the FRMP post public exhibition of the FRMS, this will ensure the communities concerns or support can be addressed within FRMP.

 

Staff are seeking agreement in principle for the draft FRMS to be taken to community consultation in mid-to-late January 2020.  This will allow the community to give feedback on the options considered, and recommended, prior to developing the draft FRMP.  Given the amount of content within the draft FRMS, staff recognise that FMC members will require additional time to review and comment on the draft FRMS to ensure it is suitable for community consultation.  This is scheduled to occur during November and December 2019, via email.

 

The exhibition period will be delayed should an issue be too great to resolve outside of a committee meeting, however, it is hoped that this can be avoided in order to meet the milestones provided below that take the project to an adopted FRMP by the end of June 2020.

 

Next steps

 

Councils Department of Primary Industries and Environment Floodplain Management Program grant has a deadline for adoption of 14 June 2020.  Council will not meet this deadline; however, the following milestones allow the Floodplain Management Plan to be adopted by the end of June 2020.  This is 2 weeks late.

 

This program is tight and hinges on the study document being on public exhibition from 20 January to 21 February 2020.  In order for this to occur the study may require some minor amendments in consultation with the committee, via email.  It is recommended that Council approve minor amendments to occur post the December Council meeting if supported by the committee.

 

 

Milestone Name

Anticipated Date

Grant Milestone - Draft Flood Risk Management Study Complete

30/10/2019

Draft Study to Committee

26/11/2019

Draft Study to Council for Exhibition

12/12/2019

Study Exhibition Complete - 4 weeks

21/02/2020

Grant Milestone - Draft Flood Risk Management Plan Complete

28/02/2020

Draft Flood Risk Management Plan to committee

12/03/2020

Draft Flood Risk Management Plan to Council for Exhibition

23/04/2020

Flood Risk Management Plan Exhibition Complete - 4 weeks

29/05/2020

Grant Milestone - Flood Risk Management Study & Plan Adopted

14/06/2020

Final Report to OEH

14/06/2020

Final Draft Flood Risk Management Plan to Committee

18/06/2020

Final Draft Flood Risk Management Plan to Council for adoption

25/06/2020

 

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.

 

Financial Considerations

 

There are not financial issues with this stage of the project.

 

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 and why a delay has occurred.

 


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                     4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 2

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BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                               4.1 - Attachment 3

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