Agenda of Belongil Catchment 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 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)

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 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.

Staff Reports - Infrastructure Services

Report No. 5.1 Belongil Catchment Management Plan Review of Actions

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/522

Theme: Community Infrastructure

Sewerage Services

Summary:

Staff have been reviewing 8 major plans and strategies encompassing the Belongil Catchment over the past 3 weeks. In these documents 155 actions have been identified in the catchment. Of these, 10 have been confirmed as completed; 30 as current or ongoing and 115 as not determined or not done.

The recent restructure which has combined water, sewer and urban stormwater into the one department provides a unique opportunity to allocate resources to immediately undertake 28 of the 115 incomplete actions centred on water quality and education. These activities are listed in Attachment 3 and are spread across all the plans. In particular, actions can be summarised into 4 recommendations.

1. Develop and implement a water quality programme in the Belongil Catchment.

2. Development of a communication plan encompassing the Water, Sewer, Stormwater and Catchment functions.

3. Prepare a design for a natural channel drain for the Butler Street drain incorporating a wetlands filter system.

4. Prepare a project plan for the Butler Street drainage upgrade for work to coincide with the Byron Bay Bypass project.

These actions can essentially be paid for from the savings accruing to the water, sewer and stormwater operational funds from the recent restructure.

RECOMMENDATION:

That Council approve

1. Development and implementation of a water quality programme in the Belongil Catchment.

2. Development of a communication plan encompassing the Water, Sewer and Stormwater functions.

3. Prepare a design for a natural channel drain for the Butler Street drain incorporating a wetlands filter system.

4. Prepare a project plan for the Butler Street drainage upgrade for work to coincide with the Byron Bay Bypass project.

Attachments:

1 Belongil Catchment Management Plan Review Rev E, E2016/23918 , page 8

2 Belongil Catchment Management Plans - Consolidated Actions, E2016/32513 , page 13

Report

The key management plans and strategies encompassing the Belongil Catchment are:

Table 1

Document Name	Author (date)
Belongil Estuary Study and Management Plan	Peter Packer Environmental Consultants and Dave Pont (2001)
Byron Bay Drainage Maintenance Plan 2014 - 15	Byron Shire Council (2014)
Belongil Creek Floodplain Risk Management Plan	BMT WBM (2015)
Belongil Creek Floodplain Risk Management Plan Summary	BMT WBM (2015)
Restoration Strategy Belongil – Cumbebin Wetland Complex	Australian Wetlands and Wetland Care Australia (2005)
Plan of Management Cumbebin Swamp Nature Reserve	National Parks and Wildlife Service (2012)
Byron Shire Council Urban Stormwater Management Plan	BSC (Revised 2010 Draft)
Byron Bay Drainage Strategy	SMEC (2010)

Of the 8 plans, the National Parks and Wildlife Service has carriage of one (Plan of Management Cumbebin Swamp Nature Reserve) with Council responsible for the remaining seven. A synopsis of each plan is contained in Attachment 1.

Over the past 3 weeks Council has extracted the actions from the seven plans and attempted to categorise by status, category and priority as stated in the relevant plan. The categories used by Council staff in this analysis are:

Table 2

Category	No.
Cultural	7
Education	18
Environmental	24
Hydrology	33
Planning	40
Water Quality	30
Total	155

A complete list of the actions is contained in Attachment 2 – Management Plan Action Listing. Of the 155 extracted actions, 10 have been confirmed as complete; 30 as current or ongoing; 87 not determined or not done; and 28 identified as recommended to implement as a result of this analysis. A list of the recommended actions is contained in Attachment 3 – Recommended Management Plan Actions for Implementation.

The recent Council restructure has combined into one department (in Infrastructure Services) the functions of water supply; sewerage collection and treatment; and urban stormwater maintenance. This provides a unique opportunity to implement actions across functions/assets. The categories where this can be most effectively realised with the Belongil Plans and Strategies is in the areas of Water Quality and Education.

The Sewer Fund needs to implement a water quality monitoring programme for both the Alternative Flowpath and the possible future STP Upgrade projects. The General Fund (Stormwater) has actions that require water quality monitoring to determine the effectiveness of stormwater programmes and sources of pollution.

Between these two drivers it will be possible to develop and implement a water quality monitoring programme that will provide data for current and future actions across the entire Belongil Catchment. It is estimated a water quality monitoring programme encompassing 10 sites throughout the catchment would cost approximately $60,000 per annum with a breakup of 80% Sewer Fund and 20% General Fund (Stormwater).

In the area of education, all 3 funds of Water, Sewer and General (Stormwater) have requirements for education resources. These are

- The Water Fund has ongoing need for demand management; rainwater tanks; water saving devices; water meters and water losses.

- The Sewer Fund for source control (trade waste/ grease traps; wipes in pipes) and recycled water.

- Stormwater operations are also clear in an education requirement for the community on stormwater source control.

- In addition to this there are numerous actions in all the Belongil plans calling for education of the community on catchment issues.

As all of these education requirements are related, it would be efficient to combine all activities in the one functional area in the Utilities Department which has carriage of water, sewer and urban stormwater. In the first instance a communication should be developed funded by Water (40%); Sewer (40%) and Stormwater (20%).

As a result of this review it is recommended therefore that Council immediately:-

1. Develop and implement a water quality programme in the Belongil Catchment

2. Develop a communication plan encompassing the Water, Sewer and Stormwater functions.

In conjunction with this there is a key stormwater action to clean up the Butler Street Drain in the vicinity of the railway line where it crosses Butler Street. Part of this action is to install a wetland filter in the drain. With the expertise developed in Sewer Operations in operating the wetlands at both Byron Bay and Ocean Shores; the imminent Byron Bay Bypass project and the Sewer personnel now undertaking stormwater maintenance; it would an opportune time to prepare a project plan to implement this recommended task.

It is therefore also recommended to:-

1. Prepare a design for a natural channel drain for the Butler Street drain incorporating a wetlands filter system

2. Prepare a project plan for the Butler Street drainage upgrade for work to coincide with the Byron Bay Bypass project.

It is envisaged the project implementation will be funded through a combination of operational budget savings and grants.

Financial Implications

The costs for each recommendation are detailed below.

Recommendation	Total Cost	Water	Sewer	Stormwater
Recommendation 1 – Water Quality Testing	$60,000 pa	0%	80% S64 Sewer	20% Reserves
Recommendation 2 – Communication Plan	$20,000	40% (Reserves)	40% (Reserves)	20% (Reserves)
Recommendation 3 – Prepare drainage design Butler Street	In house staff	0	0	0
Recommendation 4 – Prepare a Project Plan for Butler Street Drain	In house	0	0	0

The savings that will accrue in the stormwater budget as a result of the sewer maintenance staff undertaking stormwater maintenance can be applied to the water quality testing programme and the Communication. Similarly, the savings accruing to the sewer budget as a result of the same initiative can similarly be applied to the Communication Plan.

The Water Fund has been generating operational savings through various efficiency measures and is well placed to contribute to these recommendations. It should also be noted that Rous Water has scaled back the regional demand management role which will require Byron Shire to become more active in this area.

Statutory and Policy Compliance Implications

Nil

Report No. 5.2 Data Collection Belongil Drains Technical Note 4

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/539

Theme: Community Infrastructure

Sewerage Services

Summary:

Council has been undertaking a data logging programme in the Belongil Union Drain catchment for the past 12 months in accordance with Council resolution 15-236 Part 1.

“That Council continue with the data logging exercise in the Belongil to help define the hydraulic impacts of current STP effluent.”

The attached Technical Memorandum (4) builds upon previous documents concerned with understanding the behaviour of water levels within the Upper Union Drain, Moran Hills Drain, and upper Belongil catchment groundwater levels in response to the Byron Bay Sewage Treatment Plant (BBSTP) effluent discharge volumes. The purpose of this Technical Memorandum is to briefly present and discuss the results of the data gathered and offer recommendations for further monitoring.

A conclusion of the report is that effluent flow from the BBSTP does not appear to significantly influence the level of water in the drainage system. Effluent is shown to move efficiently through the drainage system.

The data collected over the past 12 months has proved valuable in understanding the hydraulic impacts of the STP effluent and the broader hydraulic profile of the catchment. It is recommended to continue the programme.

RECOMMENDATIONS:

1. That the Committee note the report.

2. That the data logging programme in the Belongil Drains is continued.

Attachments:

1 1-15562_4a_UnionDrainWLAssessment_BSC_(April2016)_20160502, E2016/33653 , page 26

2 Flow Data EPA P4 ex Wetlands pdf version, E2016/33655 , page 41

Report

Council has been undertaking a data logging programme in the Belongil Union Drain catchment for the past 12 months in accordance with Council resolution 15-236 Part 1.

“That Council continue with the data logging exercise in the Belongil to help define the hydraulic impacts of current STP effluent.”

Financial Implications

This data logging programme is funded from the sewerage operational budget efficiency gains.

Statutory and Policy Compliance Implications

The Byron Bay Sewerage system operates in accordance with EPA licence 3404.

Report No. 5.3 Proposed Belongil Catchment Water Quality Test Programme

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/540

Theme: Community Infrastructure

Sewerage Services

Summary:

At the Committee meeting held on 18 April 2016 it was requested staff develop a water quality monitoring plan for the Belongil Catchment. Attached is a recommended plan developed by staff.

The cost of fortnightly sampling is $53,339 (per annum) plus staff time to collect samples.

The cost of monthly sampling is $24,618 (per annum) plus staff time to collect samples.

It is recommended fortnightly sampling is undertaken for the first 12 months with the dataset being reviewed at this time to determine if the frequency of sampling can be reduced to monthly.

RECOMMENDATION:

That fortnightly sampling of the Belongil catchment is undertaken in accordance with the proposed plan and to be reviewed in 12 months.

Attachments:

1 B2033_BSC_Belongil Catchment Surface Water Quality Monitoring Program_Rev2, E2016/33658 , page 50

Report

At the Committee meeting held on 18 April it was requested staff develop a water quality monitoring plan for the Belongil Catchment. Attached is a recommended plan developed by staff.

The cost of fortnightly sampling is $53,339 (per annum) plus staff time to collect samples.

The cost of monthly sampling is $24,618 (per annum) plus staff time to collect samples.

It is recommended fortnightly sampling is undertaken for the first 12 months with the dataset being reviewed at this time to determine if the frequency of sampling can be reduced to monthly.

Financial Implications

The costs of the sampling will be borne by the existing operational budgets of Sewer (60%) and Stormwater (40%).

Statutory and Policy Compliance Implications

Nil

Report No. 5.4 Belongil Swamp Drainage Union Issues

Directorate: Infrastructure Services

Report Author: Peter Rees, Manager Utilities

File No: I2016/541

Theme: Community Infrastructure

Sewerage Services

Summary:

Council staff has prepared a letter to be sent to landowners in the gazetted Belongil Swamp Drainage Union. The draft letter is attached to this report for review by the Committee before it is sent.

Council staff requested Belongil Swamp Drainage Union governance documents from Col Draper. The request and response is attached. To date there have been no governance documents received by Council.

RECOMMENDATION:

That the Committee note the report.

Attachments:

1 Draft Letter to Landowners in the Belongil Swamp Drainage Union, E2016/27767 , page 58

2 Belongil Swamp Drainage Union Governance Documents - Request to supply and response, E2016/33659 , page 60

Report

At the committee meeting held on 18 April 2016 it was recommended

That Council write to all land owners in the catchment that drains to the Belongil Swamp Drainage Union gazetted area informing them of:

· the existence and purpose of the board;

· the importance of an effective drainage system;

· our commitment to help facilitate re establishing the drainage board;

· an upcoming a public meeting with a date (June 2016) to which all landowners will be invited.

Action: When this is reported to Council it contains the draft letter and the information intended for the letter.

Action: Peter Rees will request Col Draper to resend the union documents.

In regards to the first action please refer attached draft letter.

Financial Implications

Nil

Statutory and Policy Compliance Implications

Water Management Act 2000 in relation to the operation of the Belongil Swamp Drainage Union.

BSC File No: #E2016/27767

Your ref:

Contact: Peter Rees

23 May 2016

XXXX

Dear XXX

Belongil Swamp Drainage Union

As a landowner within the Belongil Swamp Drainage Union gazetted area, you are invited to attend a public meeting on 23 June 2016 at the Cavanbah Centre Byron Bay at 6 pm. The purpose of the meeting will be to reinstate the Belongil Swamp Drainage Union, with the aim of electing board members and organising administration requirements. Currently, the drainage union has no directors and is not operating in accordance with their obligations.

The Belongil Swamp Drainage Union operates under the Water Management Act 2000 and has powers to collect rates within the gazetted area for the management and maintenance of the Belongil Union Drain (see attached diagram of the Union Drain). To ensure transparency of the administration and to maintain the confidence of the rate payers, it is a requirement that the union operates with elected board members and keep financial records.

The purpose of the Belongil Swamp Drainage Union is to ensure the Union Drain is maintained in an operational condition that allows unimpeded flow to drain through the system. The Water Management Act 2000 enables the Belongil Swamp Drainage Union right of entry to land for operational purposes. Functions of the board include:

· Preparing, reviewing and implementing a management program for the Belongil Swamp Drainage Union gazetted area

· Maintain and renew drainage efficiency within the Belongil Swamp Drainage Union gazetted area

· To construct, alter or extend any drainage works in accordance with any authority of consent

· To make levy and collect fees for the management of the Belongil Swamp Drainage Union

· Appoint officers and employees as required

· Undertake legal proceedings for the recovery of outstanding rates or other fees

· Keep prescribe books and accounts

· Manage the affairs of the Belongil Swamp Drainage Union

At least three directors will be required for the Board to operate. As a member of the Drainage Union, Council is committed to the process and is in the position to facilitate re-establishing and administrating the Belongil Swamp Drainage Union board.

Alternatively, the landowners may vote to present a petition to the Governor for the dissolution of the union if the members are unable to elect directors, or do not wish to continue operating as a union.

Should you require further information please contact the undersigned on direct line 6685 9306 or by email on peter.rees@byron.nsw.gov.au

Yours sincerely

Peter Rees

Manager Utilities

Venue	Cavanbah Centre, Ewingsdale Road, Byron Bay
Date	Monday, 30 May 2016
Time	9.00am