Agenda of Coastal Estuary Catchment Panel 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.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.1

Staff Reports - Sustainable Environment and Economy

Report No. 4.1 (Draft) Scoping Study for Cape Byron to South Golden Beach - presentation of outcomes

Directorate: Sustainable Environment and Economy

Report Author: Chloe Dowsett, Coastal and Biodiversity Coordinatior

File No: I2019/1174

Report:

In September 2018 Council was successful in obtaining 50% funding through the Coastal and Estuary Grants Program (Office of Environment and Heritage) to prepare a Scoping Study for the Byron Shire Coastline from Cape Byron to South Golden Beach. The preparation of a Scoping Study is the first stage of developing a Coastal Management Program (CMP) under the new coastal legislation, the Coastal Management Act 2016.

The project primarily focusses on coastal hazards and the two areas of concern on the open coast between Cape Byron and South Golden Beach where property and/or infrastructure are at risk, being Belongil Beach and New Brighton Beach.

Since project inception the Consultant has completed:-

· an in-depth literature review of the study area identifying key risks, values and opportunities;

· engagement activities with the broader community (Drop In-Sessions and a community survey)

· engagement with Council staff; and

· a more targeted Risk Assessment Workshop with Public Agencies, Dune Care groups, Council staff and Council’s Coast and Estuary Catchment Panel.

The project is now nearing the final stages of the process with the draft Scoping Study report now complete and presently being reviewed internally and by the Office of Environment.

A presentation on the overall outline of project delivery, outcomes of the project, any identified information gaps and the next stages of the CMP process was given to Councillors at the Strategic Planning Workshop on 1 August 2019.

This presentation (Attachment 1) to the Coastal Estuary Catchment Panel aims to keep the Panel group up to date with the progress of this project and to have discussion on the next stages to be undertaken. The draft Scoping Study report will be reported to Council at 19 September 2019 meeting for Council endorsement to go to Public Exhibition for 6 weeks.

A full review of the report may be undertaken by members of the Coastal Estuary Catchment Panel during the public exhibition period.

RECOMMENDATION:

That the Coastal Estuary Catchment Panel note the presentation.

Attachments:

1 ENGAGEMENT - Strategic Planning Workshop - Presentation of draft Scoping Study for Cape Byron to South Golden Beach - 1 August 2019, E2019/56321 , page 6⇩

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		L2		CSP Strategy	L3	DP Action	L4	OP Activity
Community Objective 3: We protect and enhance our natural environment		3.3		Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments		3.3.1	Implement Coastal Management Program	3.3.1.1	Continue preparing a Coastal Management Program (CMP) in accordance with the staged process

Legal/Statutory/Policy Considerations

Coastal Management Act 2016 and the NSW Coastal Manual.

Financial Considerations

Budget for commencing Stage 2 of the CMP process has been allocated in the FY 2019/20 budget.

Consultation and Engagement

SPW with Councillors on 1 August 2019

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 4.1 - Attachment 1

PDF Creator

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Staff Reports - Infrastructure Services

Report No. 4.2 The Alternative Flowpath Project Update

Directorate: Infrastructure Services

Report Author: Cameron Clark, Manager Utilities

File No: I2019/1143

Summary:

The additional flow path infrastructure project has been developed from investigating options from increased discharge rates from the Byron STP to meet the required demand. A number of local land holders have raised concerns with Council around the management and use of the existing flow path with increased flooding to their lands. To address this Council has identified an opportunity for splitting the flow and discharge offsite; utilising an existing drainage area through Byron Industrial Estate as an additional dry weather flow path (show in the figure below).

This additional flow path provides an opportunity to increase discharge rates up to 7ML/day; but importantly will take the pressure off the union drain, allowing for additional water quality treatment through enhanced water sensitive urban design before travelling through the West Byron development into Belongil Creek.

During wet conditions, to ensure the industrial drain can accommodate stormwater runoff, BSC have the opportunity and capability to switch the effluent discharge back to the existing Union Drain. The additional flow path design allows for ongoing catchment monitoring managing the risk of acid sulphate soil runoff, where the discharge points can be adaptive through dry weather events and supported through real time data monitoring of water levels and associated water quality.

This public drainage land also provides significant opportunities for improved social and recreational benefits through the industrial estate and is proposed to embellish with a new shaded pathway, pedestrian bridge and existing landscaping.

The proposed activity involves creating an additional discharge flow route to deliver recycled water in dry conditions in order to meet current discharge demand of Byron STP. The activity stretches over 2,300m in length and is divided into three (3) main work area as identified in the figure below.

The project has been divided into district work areas due to the intended scope of works within each respective section. There is the ability for works to be undertaken within each area concurrently and not dependent on the other.

The following table summaries the current project schedule to date:-

PROJECT ELEMENT	STATUS	TIMING
3.2.1 Boundary Establishment	· Completed	· Complete
3.2.2 Detailing drain and underground services	· Completed	· Complete
3.3 Planning, Approvals, and licensing (Planit Consulting)
3.3.1 Review of Environmental Factors (REF)	· DRAFT REF completed, with council for review. Note: REF identified EIS not required (no significant environmental impacts)	· Awaiting comments then can finalise
3.3.2 Additional Discharge Point Approval	· Information provided to Peter Lynch from EPA. Additional information requested which was also supplied. Awaiting response back on license update	· Ongoing

3.3.3 Additional REF SUBCONSULTANT REPORTS	· Flora and Fauna assessment – Report completed, awaiting council review · Acid Sulphate Soils Assessment completed	· Awaiting comments then can finalise
3.3.4 lodgement/LICEncING fees	· Awaiting feedback from Peter Lynch from EPA on discharge point approval	· Ongoing
3.4 DETAILED Civil Design (Planit Consulting)	· Draft drawings with council for review, discussions to be had on outlet structure into industrial drain to confirm councils preferred treatment · Staff have been in contact with some prefab bridge suppliers with a company called Landmark Products (spec sheet attached) looking like an easy option.	· Awaiting comments then can finalise · Awaiting bridge manufacturer specs back
3.5 DRAINAGE NETWORK MODELLING Allowance (BMTWBM)	· BMT report finished, awaiting any comments back from council	· Awaiting comments then can finalise
3.6 DETAILED Landscape and WSUD (pLANIT cONSULTING)	· DRAFT sent through for review, awaiting comments to finalise package	· Finalise once comments come back
3.7 PUMP station & control system works (Planit Consulting)
3.7.1 SPS 3028 Assessment	· Complete	· Complete
3.7.2 NEW SEWER Pump Station Design (if required)	· Sewer pump station modification design underway, survey complete, mechanical modification design underway, structural design modification to follow	· Ongoing
3.7.3 Investigation of control systems	· Level sensors confirmed as most appropriate method of control	· Complete
3.7.4 Implementation and design of control system	· Functional and technical specification being written to give to control systems designers SAFE GROUP	· 2 weeks

RECOMMENDATION:

1. That in August 2019 the additional flow path project go through a key stakeholder workshop review with the Belongil Catchment Drainage Board, key Council staff( Utilities, flooding/drainage and planning), Australian Wetland Consulting (AWC) and Planit Consulting (detailed design consultant).

2. That once the stakeholder workshop, detailed design clarifications and REF review and considerations have been undertaken, that a further report be prepared for Council resolution.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 8 August 2019
Time	11.30am