Agenda of Extraordinary Water, Waste and Sewer Advisory Committee Meeting

Notice of Meeting

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Extraordinary Water, Waste and Sewer Advisory Committee Meeting

An Extraordinary Water, Waste and Sewer Advisory Committee Meeting of Byron Shire Council will be held as follows:

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 14 November 2019
Time	9.00am

Phil Holloway

Director Infrastructure Services I2019/1877

Distributed 07/11/19

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 - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Byron Bay Integrated Management Reserve - Byron Bay STP Catchment

Directorate: Infrastructure Services

Report Author: Cameron Clark, Manager Utilities

File No: I2019/1847

Summary:

This report is in response to the request raised by the Waste and Water Sewage Advisory Committee, and subsequent recommendation that a report be submitted to Council detailing Council’s report on Byron Bay STP catchment of sewerage load resulting from Development Consents after 9 December 2002 (or similar) be brought to the next WWSAC.

RECOMMENDATION:

1. That the Committee note the report.

2. That a report on Byron Bay STP Catchment sewerage load resulting from Development consents after 9 December 2002 (or similar) be brought to the next WWSAC.

REPORT

This report is in response to Res 19-540 (Part):-

5. That listing for Byron Bay STP Catchment of sewage load resulting from Development Consents after 9 December 2002 (or similar) be brought to the next WWSAC,

Staff have reviewed the development consent data and have identified a process to report on this data in line the committee recommendation 4.2.4.(Res 19-540)

However, additional work is required to develop this large set of historical data into a report format.

This work has been planned to be undertaken in the next 6 week period through additional resources (Operations Engineer).

Key issues

There is approximately 3 weeks work to review historical data (approximately 17 years worth of data) and generate a report.

This will take a full time Council employee away from core operational duties.

As core works needed to be planned to priority operational requirements additional resources are being sourced to undertake the collation of data as per the resolution.

The listing has not been competed and will be available for the next scheduled meeting of Water Waste and Sewer Advisory Committee.

Follow up Action an addition to Res 19-540

In response to a follow up action from the last meeting in relation to STP loads the following data is provided:-

STP loads (ADWF) at around December 2002:-

- West Byron STP AWDF influent flows over 7 consecutive days of no rainfall was 1.78 ML/day (13 – 20 December 2002)

- South Byron STP AWDF influent flows over 9 consecutive days of no rainfall was 1.47 ML / day (12 – 20 December 2002)

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 National Recycling Week

Directorate: Infrastructure Services

Report Author: Danielle Hanigan, Team Leader Resorce Recovery and Quarry,

File No: I2019/1855

Summary:

Presentation from staff on the Phase 2 Recycle Right Campaign

RECOMMENDATION:

That the Water Waste and Sewer Committee note the presentation.

REPORT

National Recycling Week runs from 11-17 November 2019, and this year Council is using this National event as a platform to launch ‘Phase 2’ of the Recycle Right Program – a campaign aimed at re-educating and engaging the community, particularly with respect to reducing contamination (incorrect items) in recycling bins.

In December 2018, Byron Shire Council was part of a successful regional Recycle Right campaign which asked the community to make some changes to their recycling practices. This Campaign was developed regionally through North East Waste and its seven member Councils in response to the challenges facing the recycling industry which were brought about as a result of China’s National Sword Policy. The National Sword Policy saw China effectively close its doors to the importation and re-processing of much of the worlds recycling commodities, and enabled the recycling industry to demand higher quality materials at a lower price, especially plastics and paper.

As a result, much stricter controls were required to ensure that our recycling bins only have what can be accepted for recycling in them, and that these materials are as clean as possible to ensure that they can be recycled and reprocessed.

Given the ongoing changes and challenges the industry is facing, there is still confusion among the community about what items can and can’t be recycled, and what happens to kerbside recycling.

Additionally, Resource Recovery staff receive a high number of enquiries from residents who aren’t aware of the changes or are confused about recycling.

As such, a ‘Phase 2’ Recycle Right campaign has been developed, and will be launched in National Recycling Week (11-17 November).

The Campaign materials have been developed using the regional Recycle Right campaign branding and are based on the results of the 2018 Northern Rivers Community Recycling survey, (310 responses from Byron Shire), whereby 58% of respondents stated that they would prefer a fridge magnet to support/inform them to recycle better at home, whilst another 44% said they would utilise an A-Z recycling guide/recycling app.

The Campaign aims to:

· re-educate the community about what can and can’t be recycled, and improve recycling behaviours.

· reduce the rates of contamination (incorrect items) in kerbside recycling bins.

· raise awareness about the benefits of recycling and what happens to our materials.

The Campaign activities will include:

· A social media campaign

· Media release

· Newspaper advertisements – Recycle Right messaging will be promoted in local newspapers throughout November.

· Print materials – a Recycle Right fridge magnet (attached) and brochure (attached) featuring the 6 Recycle Right ‘rules, FAQ’s, A-Z 3 bin guide and promotion of Council’s Recycle Coach app have been developed and will be distributed throughout local supermarkets, community halls, the Byron Resource Recovery Centre, the Cavanbah Centre, local libraries and post offices for residents to collect.

· Internal engagement – a ‘Monday Mobile Muster’ will be promoted to staff to encourage them to bring in their old mobile phones for recycling, a recycling quiz and education display set up.

· Local events – Resource Recovery staff will be present at local farmers markets over the coming weeks to promote the recycling Campaign and waste avoidance messaging in the lead up to Christmas.

A presentation will be given to the Committee which will cover the campaign in more detail.

STRATEGIC CONSIDERATIONS

Community Strategic Plan and Operational Plan

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

1.4.2

Provide waste and resource recovery services

1.4.2.1

Implement Waste and Resource Recovery Collection Contract Management Plan

Legal/Statutory/Policy Considerations

Refer to presentation

Consultation and Engagement

Refer to presentation