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)
Committee members are reminded that they should declare and manage all
conflicts of interest in respect of any matter on this Agenda, in accordance
with the Code of Conduct.
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.
OATH AND AFFIRMATION FOR COUNCILLORS
Councillors are
reminded of the oath of office or affirmation of office made at or before their
first meeting of the council in accordance with Clause 233A of the Local
Government Act 1993. This includes undertaking the duties of the office of
councillor in the best interests of the people of Byron Shire and the Byron
Shire Council and faithfully and impartially carrying out the functions,
powers, authorities and discretions vested under the Act or any other Act
to the best of one’s ability and judgment.
Staff Reports - Sustainable Environment and Economy 3.1
Staff Reports - Sustainable Environment and
Economy
Report No. 3.1 Presentation
by Associate Professor Louise Crabtree-Hayes
Directorate: Sustainable
Environment and Economy
Report Author: Shannon
Burt, Director Sustainable Environment and Economy
File No: I2022/1427
Summary:
Associate Professor Louise Crabtree-Hayes is the
country’s leading expert on models of permanently affordable and
community-oriented housing models, including co-operatives and community land
trusts (CLTs). Louise will present on CLTs, focusing on:
· CLTs
as part of a broader housing delivery landscape
· Their
objectives and structures
· How
they achieve their housing and community outcomes
· Examples
· Relevance
and possibilities in the region
Further materials available:
· The
Australian Community Land Trust Manual: https://www.westernsydney.edu.au/__data/assets/pdf_file/0006/600567/Australian_CLT_Manual.pdf
· Enabling
Community Land Trusts in Australia: https://arena.org.au/product/enabling-community-land-trusts-in-australia/
· AHURI
report on the relevance of CLTs for Aboriginal housing: https://www.ahuri.edu.au/research/final-reports/239
· Short
video on CLTs in the UK: https://www.youtube.com/watch?v=ujaSjnFSHTY
RECOMMENDATION:
That the Housing and Affordability Advisory
Committee notes the report and thanks Associate Professor Louise Crabtree-Hayes
for her presentation.
Attachments:
1 Community
Lands Trust Australia Summary, E2022/105390
, page 8⇩ 
Strategic Considerations
Community Strategic Plan
and Operational Plan
|
4: Ethical Growth
We manage growth and change responsibly
|
4.2: Enable housing diversity and support people
experiencing housing insecurity
|
4.2.3: Legislation changes - Establish planning
mechanisms and advocate for changes to legislation to support housing that
meets the needs of our community
|
|
4: Ethical Growth
We manage growth and change responsibly
|
4.2: Enable housing diversity and support people
experiencing housing insecurity
|
4.2.2: Partnerships and pilots to address housing needs -
Investigate partnerships and pilots that deliver an innovative and affordable
housing model for the Shire
|
Financial Considerations
None relevant to this report.
Consultation and
Engagement
None relevant to this report.
Staff Reports - Sustainable Environment and Economy 3.2
Report
No. 3.2 Housing
Initiative and Project Updates
Directorate: Sustainable
Environment and Economy
Report Author: Shannon
Burt, Director Sustainable Environment and Economy
File No: I2022/1455
Summary:
Relevant staff will attend to provide verbal updates to the
Housing and Affordability Advisory Committee on current housing initiatives and
projects being progressed by Council, including:
· Affordable Housing
Contributions Scheme
· Mullumbimby
Hospital Site redevelopment
· After the Flood
Discussion Paper
RECOMMENDATION:
That the Housing and Affordability Advisory
Committee notes the update on current initiatives and projects being undertaken
by Council staff.
Report
Affordable Housing Contributions Scheme
Affordable
Housing Contribution Scheme - Byron Shire Council (nsw.gov.au)
Mullumbimby Hospital Site
Mullumbimby
Hospital redevelopment - Byron Shire Council (nsw.gov.au)
After the Flood Discussion Paper
After
the Floods Discussion Paper - Byron Shire Council (nsw.gov.au)
Strategic Considerations
Community Strategic Plan
and Operational Plan
|
4: Ethical Growth
We manage growth and change responsibly
|
4.2: Enable housing diversity and support people
experiencing housing insecurity
|
4.2.3: Legislation changes - Establish planning
mechanisms and advocate for changes to legislation to support housing that
meets the needs of our community
|
|
4: Ethical Growth
We manage growth and change responsibly
|
4.2: Enable housing diversity and support people
experiencing housing insecurity
|
4.2.2: Partnerships and pilots to address housing needs -
Investigate partnerships and pilots that deliver an innovative and affordable
housing model for the Shire
|
Recent Resolutions
· Multiple
Legal/Statutory/Policy
Considerations
Specific to initiative and project.
Financial Considerations
Specific to initiative and project.
Consultation and
Engagement
Specific to initiative and project.
Distributed
8/11/22