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

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Minutes of previous meeting held 30 April 2020

Directorate: Sustainable Environment and Economy

Report Author: Kimberley Rogers, Environment Support Officer

File No: I2020/1249

Summary:

The minutes of the previous Sustainability and Emissions Reduction Advisory Committee meeting held on 30 April 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 April 2020 meeting.

Attachments:

1 Minutes 30/04/2020 Sustainability and Emissions Reduction Advisory Committee, I2020/660 , page 6⇩

REPORT

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

https://byron.infocouncil.biz/Open/2020/04/SERAC_30042020_MIN_1197.PDF

The minutes were reported to the 27 August 2020 Council Meeting.

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

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

File No: I2020/1230

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 Updates

Achievements:

· Local stakeholder engagement process completed,

· All planning studies have been drafted, now being finalised,

· Shortlisting of potential contractors (5 now reduced to 4 due to one contractor going into administration) and contractor involvement process underway (2 out of 4 workshops completed),

· Preliminary studies being finalised;

o Visual, glare and photo montages

o Environment

o Site services and traffic

o Planning

o Pre-lodgement advice received by Council for Development Application

o Electrical study complete

Work upcoming:

· Completing a market study into available electricity generation/retail options,

· Complete the Early Contractor Involvement process (end of September – delay due to impact of QLD border closure/bubble),

· Submit electrical study outcomes to essential energy,

· Finalisation of preliminary studies and development application studies,

· Report outcomes of this stage to Council (October meeting), including;

o Local Stakeholder Engagement Outcomes

o Update to Business Case/Office of Local Government CAPEX review

o Delivery model discussion

o Owners consent to submit development application

Byron Bay Sewage Treatment Plant Bioenergy Facility Project Updates

· Council presented to the June 2020 ARENA Advancing Renewable Program grant review panel

· The panel regarded highly Council’s project premise, and the team assembled for project delivery.

· The panel provided written responses to Council at the end of July 2020, and had several detailed requests for clarifications that Council is presently working through with the project team.

· Council presented the Bioenergy Facility to Tamara Smith MP in August, and received strong support and encouragement.

Sustainability Team Key Projects

Net Zero Emissions Strategy – Action Plan

· The draft Net Zero Emissions Action Plan went to Council for endorsement to public exhibition on 27 August 2020. It is expected to be on public exhibition for the month of September. We encourage you to comment on the Action Plan through the online Your Say webpage.

Reducing Streetlight Use

· A small LED upgrade of 119 streetlights was completed in Ocean Shores and South Golden Beach in May 2020.

· The upgrade of these lights is saving Council approximately $75.00 per light each year in energy and maintenance costs.

· The overall carbon emissions savings are comparable to removing 8 cars from the road.

Sustainability Awards

· In early March, Council opened submissions to the community for the 2020 Sustainability Awards. Due to COVID-19, Council was forced to re-think how we celebrate our local sustainability initiatives whilst respecting the new social distancing measures.

· Council still wishes to showcase our local community groups, businesses, and schools who have been nominated for their various projects and initiatives. Visit the Sustainability Awards webpage for details on the nominated individuals and groups - https://www.byron.nsw.gov.au/Community/Sustainable-living/Sustainability-Awards

Sunspot

· Council is excited to announce that the Byron Shire has been mapped by the Australian PV Institute (APVI), and is now part of the Sunspot Solar PV mapping tool. This means that Byron Shire residents will soon be able to use the platform to help them decide on whether or not their dwelling or business premises would support solar.

· The sustainability team is currently working with the communications team to develop a plan to launch the platform and provide educational “how to” videos on its use for residents.

· The SERAC members will be notified when Sunspot is made available on Council’s website.

Annual Emissions Report

· The sustainability team is in the process of compiling Council’s annual operational emissions data – report due to Council in December.

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 Updates from Zero Emissions Byron, COREM and the Climate Emergency Working Group

Directorate: Sustainable Environment and Economy

Report Author: Kimberley Rogers, Environment Support Officer

File No: I2020/1250

Theme: Sustainable Environment and Economy

Planning Policy and Natural Environment

Summary:

At this Sustainability and Emissions Reduction Advisory Committee (SERAC) meeting, representatives from Zero Emissions Byron, COREM and the Climate Emergency Working Group will provide an update to SERAC from their organisations.

RECOMMENDATION:

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

Report

Representatives from the groups outlined below will provide verbal updates to the committee from their respective organisations.

1. Zero Emissions Byron;

2. COREM; and

3. The Climate Emergency Working Group

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

CSP Objective		L2	CSP Strategy		L3		DP Action		L4	OP Activity
Community Objective 3: We protect and enhance our natural environment	3.2			Strive to become a sustainable community		3.2.2		Support community environmental and sustainability projects	3.2.2.2	Encourage and support environmental and sustainable community activities and groups

Legal/Statutory/Policy Considerations

Nil

Financial Considerations

Nil

Consultation and Engagement

N/A

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 10 September 2020
Time	2.00pm