Agenda of Sustainability and Emissions Reduction Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the 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 - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Sustainability and Emissions Reduction Projects - Update Report

Directorate: Sustainable Environment and Economy

Report Author: Julia Curry, Sustainability and Emissions Reduction Officer

Rachel Thatcher, Sustainability and Emissions Reduction Officer

File No: I2020/506

Summary:

This report provides a short update on the key sustainability and emissions reduction projects across Council. Project managers will speak to their items.

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the report on key projects.

REPORT

Utilities Key Projects

Dingo Lane, Myocum Solar Farm project

· Update in separate SERAC report

Byron Bay Sewage Treatment Plant Bioenergy Facility Project

· Report went to 27^th February 2020 Council meeting – Council endorsed initiation contract variation negotiations with a preferred vendor for the next stages of design of the Byron Shire Bioenergy Facility project and authorised the General Manager to proceed with other forward-work plans to advance the planning and design of the Bioenergy Facility project.

· Work is presently underway to prepare an application for an ARENA Advance Renewables Fund Feasibility Study grant; submission is planned for the June 2020 ARENA grant intake, to fit in with the Commonwealth Government.

Brunswick Valley Sustainability Centre Project – Brunswick Valley STP site at Vallances Road

· Charter and Vision work - on hold due to Covid-19.

Sustainability Team Key Projects

Net Zero Emissions Strategy – Action Plan

· Two sessions were held in February to workshop the key outcomes of the action plan – one with SERAC members and one with internal managers. Feedback was provided on the key areas of focus and specific actions – these have been incorporated into the plan and the draft is now being reviewed by relevant Council staff.

· The draft Action Plan will go to the Executive Team for endorsement next month.

· Sustainability team aim to report the Action Plan to Council in June 2020.

Reducing Streetlight Use

· Staff have continued to investigate bulk upgrading streetlights to LEDs, however Essential Energy has now placed this future planning on hold due social distancing measures.

· In the meantime, a small LED upgrade of streetlights has commenced in Ocean Shores and South Golden Beach. Staff will report on the resulting reduction in carbon emissions.

Byron Shire Community Gardens Policy and Guidelines

· The updated Community Gardens Policy is on public exhibition until 20 May 2020 and public submissions are encouraged.

· Bangalow community have expressed interest in a community garden. A Plan of Management for the site is currently being developed in order to allow for an expression of interest process to begin.

· The new Byron Shire Community Gardens Guidelines are available for download from Council’s website - https://www.byron.nsw.gov.au/Community/Sustainable-living/Sustainable-food

Sustainability Awards

· Sustainability Awards nomination period has been extended to June.

· Sustainability team to monitor nominations and reassess status of the awards in mid-May.

· Alternative online delivery platform for awards is under investigation.

Energy Matrix

· As recommended, the sustainability team has removed the Energy Matrix from the SERAC reports. It will be replaced by the Net Zero Emissions Action Plan. This new plan will enable SERAC to track Council’s progress against agreed actions.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3		DP Action		L4	OP Activity
Community Objective 1: We have infrastructure, transport and services which meet our expectations	1.5			Provide continuous urban water and sewerage services within the Shire		1.5.1		Increase the energy efficiency of Sewerage treatment Plants	1.5.1.1	Expand solar farms at Bangalow; Byron and Brunswick Valley Sewage Treatment plants
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.1		Work towards Council's zero-emissions target	3.2.1.1	Prepare Emissions Reduction Strategy
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.1		Work towards Council's zero-emissions target	3.2.1.2	Prepare Bioenergy Project Plan
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.1		Work towards Council's zero-emissions target	3.2.1.3	Build community Solar Farms at Brunswick Valley STP
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.1		Work towards Council's zero-emissions target	3.2.1.4	Implement actions to achieve zero emissions by 2025
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.2		Support community environmental and sustainability projects	3.2.2.1	Provide environmental and sustainability information

Legal/Statutory/Policy Considerations

Net Zero Emissions Strategy for Council Operations 2025

Financial Considerations

This is a project update report only. Financial considerations for individual projects have been or will be considered on a case by case basis. Sustainability and emissions reduction projects have the potential to either cost or save Council money.

Consultation and Engagement

Manager Utilities, Infrastructure Services

Process Consultant, Infrastructure Services

Senior Project Manager, Infrastructure Services

Senior Project Manager Dingo Lane Solar Farm, Infrastructure Services

Manager Works, Infrastructure Services

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.2

Report No. 4.2 Minutes of previous meeting held 30 January 2020

Directorate: Sustainable Environment and Economy

Report Author: Kimberley Rogers, Environment Support Officer

File No: I2020/558

Summary:

The minutes of the previous Sustainability and Emissions Reduction Advisory Committee meeting held on 30 January 2020 referred to at Item 3 of this meeting’s agenda, are attached.

RECOMMENDATION:

That the Sustainability and Emissions Reduction Advisory Committee note the minutes of the 30 January 2020 meeting.

Attachments:

1 Minutes 30/01/2020 Sustainability and Emissions Reduction Advisory Committee, I2020/97 , page 9⇩

REPORT

The minutes of the previous Sustainability and Emissions Reduction Advisory Committee meeting held on 30 January 2020 are attached and available at

https://byron.infocouncil.biz/Open/2020/01/SERAC_30012020_MIN_1182.PDF

The minutes are yet to be reported to Council.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective	L2		CSP Strategy	L3		DP Action
Community Objective 3: We protect and enhance our natural environment	3.2	Strive to become a sustainable community			3.2.1		Work towards Council's zero-emissions target
Community Objective 3: We protect and enhance our natural environment	3.2	Strive to become a sustainable community			3.2.2		Support community environmental and sustainability projects

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Nil

Consultation and Engagement

Not applicable

Minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on Thursday, 30 January 2020

File No: Error! Unknown document property name.

PRESENT: Cr S Richardson, Cr M Lyon, Cr S Ndiaye

Staff: Shannon Burt (Director Sustainable Environment and Economy)

Sharyn French (Manager Environmental and Economic Planning)

Cameron Clark (Manager Utilities)

Julia Curry (Sustainability and Emissions Reduction Officer)

Rachel Thatcher (Sustainability and Emissions Reduction Officer)

John Hart (Consultant)

Andrew Swan (Dingo Lane Project Manager)

Phil Holloway (Director Infrastructure)

Community: Luke McConell

Chris Sanderson

John Taberner (ZEP representative)

Anthony Pangallo

Cr Richardson (Chair) opened the meeting at 2:03 pm and acknowledged that the meeting was being held on Bundjalung Country.

Apologies:

Cr Cate Coorey

Declarations of Interest – Pecuniary and Non-Pecuniary

Luke McConell declared a pecuniary interest in Report 4.2. The nature of the interest being that Luke has discussion with John Hart commercial waste for the bioenergy facility

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Sustainability and Emissions Reduction Advisory Committee Meeting held on 31 October 2019 be confirmed.

(Sanderson/Richardson)

The recommendation was put to the vote and declared carried.

Note: The minutes of the meeting held on 31 October 2019 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 12 December 2019.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 Update on Community Solar Incentive Schemes

File No: I2019/2139

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the report and recommend to Council to:

1. Not proceed with Environmental Upgrade Agreements for the Byron Shire, as the effort and potential costs to provide such a program are not equitable to the number of eligible properties.

2. In relation to Res 19-596, Council no longer invite Shay Singh from Sustainable Energy Foundation to present to Council and renewable energy community groups about the potential for commercial EUAs in Byron Shire.

3. Focus efforts towards communicating relevant NSW State and Federal energy efficiency programs and initiatives to the Byron Shire community.

4. Note that Council staff will be available to assist and support community organisations who wish to implement local school and/or residential solar programs and to contact Department of Education for possible regional solar installation.

(Richardson/Taberner)

The recommendation was put to the vote and declared carried.

Report No. 4.2 Sustainability and Emissions Reduction Projects - Update Report

File No: I2020/23

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the report on key projects.

(Ndiaye/Pangallo)

The recommendation was put to the vote and declared carried.

Member Lyon left the Chambers at 04:02 pm.

Report No. 4.3 Minutes of previous meeting held 31 October 2019

File No: I2020/35

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the minutes of the 31 October 2019 meeting.

(Sanderson/Richardson)

The recommendation was put to the vote and declared carried.

Report No. 4.4 Updates from Zero Emissions Byron, COREM and the Climate Emergency Working Group

File No: I2020/37

Committee Recommendation:

That the Sustainability and Emissions Reduction Advisory Committee note the updates from Zero Emissions Byron, COREM and the Climate Emergency Working Group.

(Sanderson/Richardson)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 4:04 pm.

BYRON SHIRE COUNCIL

Reports of Committees - Infrastructure Services 4.1

Reports of Committees - Infrastructure Services

Report No. 4.1 Dingo Lane Solar Farm Update

Directorate: Infrastructure Services

Report Author: Andrew Swan, Senior Project Manager Dingo Lane Solar Farm

File No: I2020/502

Summary:

At Council’s meeting of 23 May 2019, Council considered a business case for a 5 MW Solar Farm on Dingo Lane on Council Operational Land. At that meeting Council resolved:-

“That $465,000 [now $662,000] is allocated to the draft 2019/20 budget from the non-domestic waste reserve to progress the Dingo Lane Solar project to detailed feasibility (pre-build) and procurement phase.”

In accordance with the Probity Plan for the Dingo Lane Solar Farm Project, this report is provided to the Sustainability and Emissions Reduction Advisory Committee to keep Council informed as to the progress of implementing the May resolution.

RECOMMENDATION:

That the Committee note the update of the Detailed Feasibility Phase of the Dingo Lane Solar Farm project provided in this report

REPORT

Identified as a key project in Council’s Net Zero Emissions and Renewal Energy Strategy; Council is investigating the feasibility of installing a large-scale $12M , 5MW solar farm on the operational buffer land adjacent to the Byron Resource Recovery Centre.

Where are we now and where to next?

$662,000 is currently allocated to progress the project to detailed feasibility (pre-build) and procurement phase in FY19/20. Detailed technical studies have commenced for specialist consultants to complete the work (flood management, glare and visual assessment, electricity power systems analysis, and so on) to support this phase of the work. A Town Planning report is being prepared with onsite detailed survey, flora and fauna assessments. Approximately 70% of the budget is now allocated under contracts. Staff are continuing local community consultation to inform and engage local stakeholders about the project in parallel with the technical studies. 12 submissions were received for an Expression of Interest for the Design, Construction, Operation and Maintenance of the Solar Farm – those submissions are currently being reviewed by the Tender Evaluation Team and will be reported to Council for adoption of the shortlist. Essential Energy (EE) has now responded to Council’s RFI, but a second RFI will be required.

Local Stakeholder Engagement continues, with additional meetings with the Arakwal Corporation to discuss agri-voltaics and representations from neighbouring residents about visual amenity.

The Project Goal for FY19/20 is to provide Council a shovel ready project that has passed Office of Local Government probity review and can enacted by Council if and when funds (including grant funds) are available.

Communication Strategy Update

Stage: Stakeholder Engagement – Ongoing

Methods of engagement: Council website, Your Say, group meeting and site visit, residential visit/face to face consult, emails/phone calls

· Residential: Email submissions/residential visit. 6 residents submitted online comment/emails/phone calls in opposition to the project. All are Coolamon Scenic Drive home owners who are objecting to visual impacts. PM has replied to all in writing, 1 residential visit by PM and Comms Officer to record objection and discuss mitigation options further. Further consultation and engagement re potential impacts and mitigation will continue with neighbours identified in the visual impact and glare assessment. Objections can be generally categorised as;

o Questions about the legality of the proposed development (planning controls, zoning, ‘industrialisation of the land’ etc).

o Objections to the impact on visual amenity

o Objections to the nature of the development at the proposed site and Council’s commitment to the rural character of the shire.

· Arakwal: Group meeting and site visit held with Arakwal representative, Manager Utilities, PM, Comms Officer and Water Sewer Systems Environment Officer. Council to contact Arakwal nominated facilitator to discuss future opportunities for bush regen, art installation projects, bush tucker agrivoltaics (co-developing the same area of land for both solar photovoltaic power as well as for agriculture) and possible workshop (post COVID-19 isolation period).

· Your Say Guestbook: Online community feedback – timeframe for community contributions to feasibility report now closed however the community feedback option remains open so that further public discussion can take place if necessary.

· Media release: To be issued in April re results of community feedback, glare assessment results and next stage.

· Video: Scheduled for April. Script/storyboard to be developed. Delayed due to COVID-19.

Communications Evaluation:

Your Say project page, March 2020
Total Visits:	28
Maximum visitors per day:	3
New registrations:	0
Aware visitors:	21 (visited at least one page)
Informed visitors:	12 (clicked on more than one page)
Engaged visitors:	1 (contributed comments to Guestbook)
Comparison to last month:	85% decrease in Your Say engagement. Due to close of community feedback and change of momentum in public engagement (ie. More targeted and personal engagement one-on-one, targeted stakeholder groups and COVID-19).

Procurement Progress

BAC – Budget at Completion

PV – Planned Value

EV – Earned Value (progress)

AC – Actual Cost

EAC – Estimate At Completion

COM - Committed Expenditure (currently not shown)

So far Council has established contracts for consultants to complete the following work;

- Project Management

- Specialist Solar Generation Advice

- Flooding and Stormwater Assessment

- Glare and Visual Assessment

- Geotechnical Investigation

- Town Planning

- Electricity Grid Network Modelling

Council is currently running a Public Expression of Interest Tender for the Design & Construct, Operate & Maintain aspect of the project (opened 11 Jan, Closed 13 Feb, being reported to the April Council meeting)

Council is currently preparing public a Public Expression of Interest Tender for the Electricity Retail and Generation aspects of the project.

Timeline Estimate Update

Updates:

1# The tendering process has taken an extra 2 months from the planned date – due to the extended tendering over Christmas, the time needed to evaluate the 12 tenders and then the one month period from completion of assessment to the Council meeting

2# Rather then the electricity retail project being led by the Dingo Lane project, it is now being coordinate centrally by Council

Note that the Go/No-Go decision point has not been moved at this point in time

Notes on current timeline estimate:

· Indicative only, highly sensitive to Council meeting dates

· Essential Energy approval not shown as timelines are still currently unknown (may impact critical path). Essential Energy has responded to an RFI from Council’s grid modelling consultant, but a second RFI is likely

· DA approval shown over 3 months (not confirmed)

· Assumes no impact to timeline from OLG submission, assumes OLG capex review will be favourable

Next steps

With respect to the ‘next steps’ listed in the May Council report, the following tables shows how each ‘next step’ has been implemented since that time.

‘Next Steps’ from May 2019	Progress as at 15 April 2019
Obtain a Council decision to approve a project budget of $465,000 in 2019/20 FY to progress the project through detailed feasibility (pre-build) and procurement.	Completed
Prepare an Expression of Interest (EOI) to test market appetite to undertake the Design & build/ Operation & Maintenance for the Project	12 x EOI submissions received and shortlist being reported to Council’s April meeting
Prepare an Expression of Interest (EOI) to test market appetite and the alternative options for retailing of the electricity output and the sale of Large-Scale Generation Certificates associated with the farm.	Currently being progress by staff
Notify Essential Energy in writing with Council’s intention to proceed with a connection application by 19 April 2019 - Essential Energy has been notified of Council’s intention to connect, which at this stage is a non-binding notification process, however, required to streamline the process if the project does progress.	Completed – detailed network modelling underway
Engage a third-party to complete further independent detailed flood risk modelling for the site.	Preliminary modelling completed, awaiting outcome of the Contractor Involvement process to finalise modelling.
Undertake preliminary site geotechnical studies.	Completed
Consider the optimum level of equity capital required by the Project and consult with NSW TCorp, CEFC and other preferred lending providers to assess appetite and terms to fund the required capital budget	This will be progressed after the technical feasibility aspects of the project have been further investigated and cost/benefits are better known
Undertake a pre-lodgement meeting with Council to understand development approval needs and progress the DA process, noting the requirement that the development will require JRPP approval.	Currently determining how a pre lodgement meeting can carried out at this time due to COVID-19
Engage a third-party consultant to prepare a development application and associated studies.	Completed (consultant engaged)
Prepare the Office of Local Government (OLG) capital expenditure submission – this will need to be completed post EOI process to enable the level of detail required to fulfil the submission; and	A probity plan has been developed Further progression of the OLG Capital Expenditure Review is pending progression of other items
Develop a stakeholder/community engagement plan to keep the community involved.	Completed (engagement plan developed)

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

Reports should link to actions from the IP&R Framework. To find the action details you can click this link Delivery Program / Operational Plan to search for the relevant activitie/s. When the document opens, copy the relevant line and paste it below where indicated.

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 1: We have infrastructure, transport and services which meet our expectations

1.4

Provide a regular and acceptable waste and recycling service

1.4.4

Ensure facilities and services meet statutory requirements

1.4.4.8

Dingo Lane, Myocum Solar Farm Project

Community Objective 3: We protect and enhance our natural environment

3.2

Strive to become a sustainable community

3.2.1

Work towards Council's zero-emissions target

3.2.1.1

Implement Net Zero Emissions Strategy for Council Operations 2025

Consultation and Engagement

A Project Control Group has been established for the Dingo Lane Solar Farm Project in accordance with the adopted Probity Plan. The PCG;

· is to provide a broad internal Council oversight of the Project and take responsibility for oversight of progress and budgets.

· is accountable to the Executive Team.

· will seek advice, as needs, from any of advisory groups established for the project within Council in relation to technical/design, financial, legal, economic feasibility or any other relevant matter.

· may change in its composition as the project evolves, and relevant expertise is required for particular phases (discussed above) of the project.

· is a high-level group.

· consists of General Manager, Director Sustainable Environment & Economy, Director Corporate and Community Services, Director of Infrastructure Services, Manager Utilities and the Project Manager and is established to oversee the implementation of the Project.

Council has also established a Project Working Group (PWG). The PWG is the key mechanism to ensure that information provided to the PCG and ET has been developed in consultation with the various sections of Council.

The Local Stakeholder Engagement Pan (discussed above) for the project details how the following groups will be engaged through the implementation of the project;

· Local residents

· Local farming community

· The Arakwal community

· The broader public

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 30 April 2020
Time	2.00pm

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 30 January 2020
Time	2.00pm