Cover page Agenda and Min Ordinary infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Ordinary Meeting

 

 Thursday, 25 June 2020

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 9.00am

 

 

 

 

Public Access relating to items on this Agenda can be made between 9.00am and 10.30am on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Mark Arnold

General Manager

 


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

Ordinary Meeting

 

 

BUSINESS OF Ordinary Meeting

 

1.    Public Access

2.    Apologies

3.    Requests for Leave of Absence

4.    Declarations of Interest – Pecuniary and Non-Pecuniary

5.    Tabling of Pecuniary Interest Returns (Cl 4.9 Code of Conduct for Councillors)

6.    Adoption of Minutes from Previous Meetings

6.1       Ordinary Meeting held on 28 May 2020

7.    Reservation of Items for Debate and Order of Business

8.    Mayoral Minute

9.    Notices of Motion

9.1       Bunyarra Culture Collective.............................................................................................. 5

10.  Petitions

11.  Submissions and Grants

11.1     Grants and Submissions Report for May 2020................................................................. 7

12.  Delegates' Reports  

13.  Staff Reports

General Manager

13.1     Draft Policy 15/007 Sustainable Community Markets for adoption............................... 10

13.2     Community Survey 2020................................................................................................ 12

Corporate and Community Services

13.3     Extension of Councillor Expenses and Facilities Policy................................................. 18

13.4     Draft 2020/21 Operational Plan and Budget for public exhibition................................... 21

13.5     Report of the Public Art Panel meeting held on 9 April 2020.......................................... 29

13.6     Revised Council meeting schedule for 2020 due to postponement of Local Government Election......................................................................................................................................... 32

13.7     Council Investments - 1 May 2020 to 31 May 2020....................................................... 34

13.8     Update on Active Resolutions......................................................................................... 42

13.9     Project Options for the Australian Government Local Roads and Community Infrastructure Program......................................................................................................................................... 44

13.10   Support for Byron Shire Front Line Community Service Providers............................... 52

Sustainable Environment and Economy

13.11   Sustainable Catering Policy 2020................................................................................... 55

13.12   Draft CMP Stage 1 Scoping Study for Cape Byron to South Golden Beach - outcomes of public comment and agency review.......................................................................................... 58

13.13   Main Beach Shoreline Project - preliminary options assessment and stakeholder engagement  78

13.14   Bringing Back the Bruns - update on Brunswick River related projects......................... 87

13.15   Events & Festival Sponsorship Fund 2020-21................................................................ 93

13.16   Climate Action Plan update............................................................................................. 96

13.17   Biodiversity Conservation Strategy............................................................................... 102

13.18   Voluntary Visitor Fund - Project Update........................................................................ 106

13.19   Bypassed Town Signage Initiative................................................................................ 110

13.20   Update Resolution 20-161 - Lot 12 Bayshore Drive redevelopment  next steps.......... 114

Infrastructure Services

13.21   Brunswick Heads Parking Scheme Review................................................................. 119

13.22   Byron Sewage Treatement Plant - Additional Flow Path Project................................. 136

13.23   Policy Review: Building in the Vicinity of Underground Infrastructure 2020................ 144

13.24   Tender 2019-0059 Parking Management Systems...................................................... 147

13.25   Tender 2020-0007 - Panel of Providers - Provision of Professional Engineering and Consulting Services......................................................................................................................... 151

13.26   Draft Open Spaces Asset Management Plan............................................................... 156   

14.  Reports of Committees

Corporate and Community Services

14.1     Report of the Finance Advisory Committee Meeting held on 14 May 2020................ 162

14.2     Report of the Audit, Risk and Improvement Committee Meeting held on 14 May 2020 166

Infrastructure Services

14.3     Report of the Local Traffic Committee Meeting held on 12 May 2020........................ 170

14.4     Report of the Transport and Infrastructure Advisory Committee Meeting held on 19 May 2020 174   

15Questions With Notice

Questions with Notice: A response to Questions with Notice will be provided at the meeting if possible, that response will be included in the meeting minutes.  If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website www.byron.nsw.gov.au/Council/Council-meetings/Questions-on-Notice

16.  Confidential Reports

General Manager

16.1     Confidential - Rent relief for commercial and non-profit tenants of Council during the COVID-19 crisis Confidential.......................................................................................................... 177  

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director prior to the meeting. Any suggested amendments to the recommendations should be provided to Councillor Support prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Notices of Motion                                                                                                                    9.1

 

 

Notices of Motion

 

Notice of Motion No. 9.1     Bunyarra Culture Collective

File No:                                  I2020/907

 

  

 

I move that Council:

 

Supports the Bunyarra Culture Collective to apply for up to $5,000 through the Community Initiatives Program to further their important work

 

 

Signed:      Cr Paul Spooner

 

Councillor’s supporting information:

 

Council has worked with Bunyarra in the past to support events within the Byron Shire. Bunyarra Culture Collective has held fundraisers to pay for access venues for Aboriginal cultural practice in the Byron Shire. Bunyarra Culture Collective aims to restore cultural practice in the region and, therefore, does not and cannot charge money to the Aboriginal community to participate in these events and activities, as that would create a barrier.  

Due to the ongoing pressure to restore and revitalize cultural practice Bunyarra Culture Collective acknowledge the enormous barrier not having access to venues continues to have and the pressure it puts their cultural practitioners under to continue to find funds for this purpose.  Council could remove this barrier very swiftly and foster a collaborative and supportive relationship.

Due to an increased presence of cultural presentations in the area there has been increased interest from families to engage and learn culture.  As the Aboriginal community does not have any central point for cultural or community services there is a need to access community buildings with all-weather capabilities. In the past the Collective has trained on the grass at Brunswick Heads Surf Club and has been impacted by weather conditions and constant interruptions and harassment from bystanders. 

There are many benefits for Council and the broader community including strengthened Aboriginal community and strengthened and restoring cultural practice and the increased wellbeing of Aboriginal families, young people and children which is more important now than ever in our community.

 

At the Survival Day 2019 event, Bunyarra sold t-shirts and artwork to fundraise to hire halls so they could provide free cultural dance tuition to the community.  Weekly dance classes are run on a volunteer basis, with no one getting paid, no one pays to attend classes and this enables accessibility and affordability to the community and lower income earning families. The Collective believes that people should not have to pay to learn their heritage and culture.  The Collective wants to support the community with access and transport issues to attend training.

 

Bunyarra Culture Collective is open to all Aboriginal people in the Byron Shire. The Collective works closely with Tweed Byron Local Aboriginal Land Council and the Gnibi Unit at Southern Cross University. They seek to empower local Aboriginal young people through cultural practice towards roles in leadership on country. The Collective are disciplined and professional in their approach to cultural practice and sharing.

Over the past five years Bunyarra Culture Collective has worked with Council on many community events such as NAIDOC Week, Harmony Day and grant funded projects. 

Please see the YouTube link for a view of the Collective in action: https://youtu.be/ILrQxsDZ8hU

 

Staff comments by Sarah Ford, Manager Social and Cultural Development,  Corporate and Community Services

(Management Comments must not include formatted recommendations – resolution 11-979)

 

Bunyarra Culture Collective is encouraged to apply through the Community Initiatives Program for up to $5,000 to support its cultural restoration and revitalisation initiatives. The Community Initiatives Program is currently open, closing 4 July 2020.

 

Council's Community Initiatives Program aims to improve community wellbeing and quality of life for Byron Shire residents.  Funding is for community initiatives that address:

·           a specific community need

·           build a sense of community

·           align with Council's goals

 

In assessing the expressions of interest, Council will consider the criteria listed below:

 

1.       Project demonstrates a clear need which aligns with Council’s Community Strategic Planning documents, also known as ‘Our Byron, Our Future’.

2.       Project activities build ‘community’ ie. create stronger bonds between neighbours, residents, community groups and greater connections in the community.

3.       Project includes opportunities to involve residents in shaping and carrying out the project

4.       The project promotes inclusion.

5.       There is a clear public benefit to Byron Shire residents.

6.       Proposed project is well planned and ready for implementation..

7.       The group or organisation leading the project has capacity and is financially viable.

8.       Budget reliably represents the projects expenses and revenue.

9.       The matching contribution (refer to Definitions and Part 7 of these Guidelines) is documented and appropriate to the project.

10.     The equity of support to projects across the Local Government Area.

 

Based on the information provided, an application from Bunyarra Culture Collective would be a strong contender for funding within the current Community Initiative Program round.

 

Financial/Resource/Legal Implications:

 

A total of $44,200 is available shown in the budget under:

 

Contribution – Community Facilities – Development Fees $2000

Contribution – Community Events - Approval Expenses $7000

Unallocated S356 Donations $35,200

 

Is the proposal consistent with any Delivery Program tasks?

 

Yes.

 

2.2 Support access to a wide range of services and activities that contribute to the wellbeing of all members of the Byron Shire community

 

2.5 Encourage community appreciation of cultural vitality and diversity

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                     11.1

 

 

Submissions and Grants

 

Report No. 11.1           Grants and Submissions Report for May 2020

Directorate:                 Corporate and Community Services

Report Author:           Alexandra Keen, Grants Coordinator

File No:                        I2020/884

                                       

 

 

Summary:

 

Council has submitted applications for a number of grant programs which, if successful, would provide funding to enable the delivery of identified projects. This report provides an update on these grant submissions.

 

  

 

RECOMMENDATION:

That Council notes the report and Attachment 1 (E2020/40717) for Byron Shire Council’s Submissions and Grants as at 3 June 2020.

 

 

Attachments:

 

1        Grants and Submissions Report, E2020/40717  

 

 


 

REPORT

 

This report provides an update on grant submissions since the last report.

 

Successful applications

 

Council was successful in obtaining $51,500 of funding from the Coastal and Estuary Planning Program to undertake a scoping study for the Southern Byron Shire Coastline and Belongil Estuary Coastal Management Plan.

 

Unsuccessful applications

 

Council noted it was unsuccessful in Phase 1 of the Showground Stimulus Fund for an upgrade to the fence at the Bangalow Showground.

 

Applications submitted

 

Three grant applications were submitted in May 2020:

·        under the Showground Stimulus Fund Phase 2 for the completion of Stage 2 rotunda works at the Bangalow Showgrounds;

·        Bridges Renewal Program Round 5 for the replacement of the Main Arm Causeway number 2; and

·        under the Flying Foxes Grants Program for a management plan for Paddy’s Creek.

 

Upcoming grant opportunities

 

There are a number of upcoming grant opportunities for which Council proposes to submit a funding application, including:

 

·        Safer Roads Program and Black Spot Program;

·        Fixing Country Roads 2020;

·        Council Litter Grants Program; and

·        Organics Collection Grant Program.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.6

Manage Council’s resources sustainably

5.6.12

Implement strategic grants management systems to deliver priority projects for Byron’s community (SP)

5.6.12.4

Provide governance for grants management

 

Legal/Statutory/Policy Considerations

 

Under Section 409 3(c) of the Local Government Act 1993 Council is required to ensure that ‘money that has been received from the Government or from a public authority by way of a specific purpose advance or grant, may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose’. This legislative requirement governs Council’s administration of grants.

 

Financial Considerations

 

If Council is successful in obtaining the identified grants, more than $8.8 million would be achieved which would provide significant funding for Council projects. Some of the grants require a contribution from Council (either cash or in-kind) and others do not. Council’s contribution is funded.

 

The potential funding and allocation is noted below:

 

Requested funds from funding bodies

$8,894,063

Council cash contribution

$3,578,446

Council in-kind contribution

$241,759

Other contributions

$23,059

Funding applications submitted and awaiting notification (total project value)

$12,737,327

 

Consultation and Engagement

 

Cross-organisational consultation has occurred in relation to the submission of relevant grants, and the communication of proposed grant applications.

  


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.1

 

 

Staff Reports - General Manager

 

Report No. 13.1           Draft Policy 15/007 Sustainable Community Markets for adoption

Directorate:                 General Manager

Report Author:           Paula Telford, Leasing and Licensing Coordinator

File No:                        I2020/678

                                       

 

 

Summary:

 

Council resolved (20-169) to place Draft Policy 15/007 Sustainable Community Markets for public comment. Council received no submissions.  This report recommends that Council adopt Policy 15/007 Sustainable Community Markets as amended.

 

  

 

RECOMMENDATION:

1.       That Council note that no submissions were received on Draft Policy 15/007 Sustainable Community Markets.   

 

2.       That Council adopt Policy 15/007 Sustainable Community Markets as amended.

 

 

Attachments:

 

1        Policy 15/007 Sustainable Community Markets 2020 (amended), E2020/4102  

 

 


 

REPORT

 

At its 24 April 2020 meeting, Council resolved (20-169):                                                                  

 

2.       That Council authorises the public exhibition of the Draft Policy 15/007 Sustainable Community Markets for a period of 28 days.

 

3.       That a separate report be tabled at Council’s June Ordinary meeting detailing submissions received for consideration of adoption of the Draft Policy 15/007 Sustainable Community Markets.

 

Prior to Council’s 24 April 2020 meeting, existing market Licensees were provided 28 days to make

comment on Draft Policy 15/007 Sustainable Community Markets.  No substantive changes or objections to the proposed amendments were received.

 

Staff placed the Draft Policy on public exhibition from 6 May to 2 June 2020.  Council received no submissions on the Draft Policy.

 

It is recommended that Council adopt Policy 15/007 Sustainable Community Markets as amended.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.3

Provide access to publicly available corporate registers

5.2.3.4

Update and publish Council's policies online 

 

 

 

Legal/Statutory/Policy Considerations

 

Nil.

 

Financial Considerations

 

Nil.

 

Consultation and Engagement

 

As set out in the report.

 

 


BYRON SHIRE COUNCIL

Staff Reports - General Manager                                                                                 13.2

 

 

Report No. 13.2           Community Survey 2020

Directorate:                 General Manager

Report Author:           Shannon McKelvey, Executive Officer

File No:                        I2020/890

                                       

 

 

Summary:

 

Every two years Council engages an independent consultant to conduct a Community Survey to measure changes in resident’s views on importance of, and satisfaction with, a range of services provided in Byron Shire (by Council or by State Government).

 

The 2020 Community Survey is complete and the results are in, and its good news across all main indicators. Levels of overall satisfaction increased, as did levels of satisfaction with 37 out of 39 service areas and with customer services.

 

 

  

 

RECOMMENDATION:

That the 2020 Community Survey results be noted, published on Council’s website and shared with stakeholders.

 

 

Attachments:

 

1        2020 Community Survey Report, E2020/39439  

 

 


 

REPORT

 

Council conducts a Community Survey every two years to measure changes in residents’ views.  Four hundred residents are randomly chosen to provide their views about how important a broad range of services provided within the Shire (by Council or by State Government) are and how satisfied they are with them.  The survey also asks residents to identify pressing issues and provide feedback on their experiences with contacting Council and ways they stay informed of Council news and events.  Micromex Research, who specialise in local government research, were engaged to independently conduct the survey this year.

 

The 2020 Community Survey results are in and the full report is attached to this report (Attachment 1).

 

From the 2020 results, satisfaction with Council and Council services improved across all the main indicators:

 

 

 

2020 Results

 

 

2018 Results

Overall satisfaction with Council

(range of 1=very unsatisfied to 5=very satisfied)

3.09

2.76

Percentage of residents somewhat to very satisfied with Council

78%

64%

Number of services where satisfaction levels increased

37 out of 39

19 out of 39

Satisfaction with customer service provided by Council

(range of 1=very unsatisfied to 5=very satisfied)

3.52

3.26

Percentage of residents somewhat to very satisfied with customer service provided by Council

73%

68%

Percentage of residents who had their customer request resolved during the first contact with Council

42%

38%

 

The 2020 Community Survey results will inform the End of Term Report, which would have been due in August this year, but has now been pushed back 12-months by the Covid-19 extension to the term of this Council. 

 

Overall, the results from the 2020 Community Survey are positive. Levels of satisfaction have improved significantly over the last 2 years and have returned to above 2013 levels.  

The highest priority issues for residents in 2020 are: 

 

         Condition and maintenance of roads – 18% of residents listed in top two priorities

 

         Affordability/availability of housing and land – 16%

 

       Managing overdevelopment/developments – 11%

 

Of the 39 services covered in the survey:

 

·        Residents rated the following as the top 5 most important services:

o   local roads – 96% (of residents included this service in their top 2 most important)

o   recycling services – 96%

o   planning for the future – 95%

o   garbage collection – 94%

o   coastline management – 89%

 

·        The following services received the lowest importance ratings but please note this does not mean these services are not important, just that received lower relative importance scores:

o   childcare services – 65%

o   swimming pools – 59%

o   sporting facilities – 57%

o   dog exercise areas – 54%

o   public art – 49%

 

·        The five services residents are most satisfied with are:

o   Libraries – 94% (of residents were somewhat to very satisfied with this service)

o   Water supply – 92%

o   Garbage collection – 92%

o   Community halls – 92%

o   Sewerage management services – 87%

 

·        The five services residents are least satisfied with are:

o   Management of development – 49%

o   Traffic planning and management – 45%

o   Public transport (State Government service) – 32%

o   Affordable housing (State Government service) - 26%

o   Local roads – 17%

 

In relation to customer service, sixty one percent (61%) of residents surveyed had contact with Council in the last 2 years. Telephone continues to be the most common method to contact Council, with contact by email declining in 2020 and contact via Council’s website nearly doubling. 

 

The top reasons residents contact Council are in relation to:

·        development applications – 16% of engagement with Council

·        parking – 14%

·        roads and footpaths – 13%

·        water or sewer matters – 9%

·        waste management matters – 6%.

 

Overall, residents were more satisfied in 2020, compared with 2018, with the level of customer service they received from Council. Improvement in levels of satisfaction with customer service occurred across all service areas, however, residents were least satisfied with resolution of contact with Council about roads and footpaths.

 

In 2020, the top five ways residents keep, and want to keep, informed about Council news and activities are local newspaper and radio, rates notice/newsletters and Council’s website.

 

Each local government area is different, with residents’ views influenced by local priorities and issues. Byron Shire faces a number of unique challenges and a number of this Shire’s priorities are more like issues faced by metropolitan, not regional, councils for example affordability and availability of housing, managing tourism and population growth, public transport and traffic management. 

 

Benchmarking Byron Shire’s community survey results to some other regional NSW councils (who use the same consultant for their community surveys), shows that Byron residents’ level of overall satisfaction is slightly lower at 3.09 out of 5  (up from 2.76 in 2018) compared with the regional average of 3.34. The survey also shows that some of the comparative differences in Byron Shire compared to other regional areas include:

 

·        Byron residents place a comparatively higher level of importance on:

o   bikeways and bicycle facilities

o   public transport

o   recycling services

o   sewerage management services

o   parking

 

·        Byron residents place a comparatively lower level of importance on:

o   sporting facilities

o   parks and playgrounds

o   swimming pools

o   public art

 

·        Byron residents are comparatively more satisfied with:

o   water supply

o   dog exercise areas

o   childcare services

o   garbage collection

o   community halls

 

·        Byron residents are comparatively less satisfied with:

o   local roads

o   public transport (State government services)

o   public art

o   tourism management

o   public toilets

 

The Community Survey Report also includes a detailed regression analysis looking at drivers and barriers to satisfaction.  While each resident has different reasons influencing their levels of satisfaction, the regression analysis shows that some of the main influences on improvement to overall satisfaction have been from improvements in:

 

·        financial management

·        community consultation and engagement

·        crime prevention and community safety

·        festival and event management

 

It can take time for Council decisions to start to return results and there is often an interval, sometimes years, between decisions being made and positive outcomes being seen ‘on the ground’ by residents.  For example, past Council decisions and projects to generate revenue are now enabling record investment in roads, culverts, bridges and other infrastructure driving increased satisfaction. Another was the decision to invest in upgrading Council’s website that created the current capability for increased communication and engagement, which is another area residents are now more satisfied with. These are just a couple of examples and it is the collective impact from Council’s decisions and projects that have driven the turn around in, and improvements to, residents’ overall satisfaction with Council and increased satisfaction with most service areas. 

 

Overall, the 2020 results are positive but there is always room for improvement and, based on the results, the report recommends future focus on a number of key areas including:

 

1.       Local roads, infrastructure and management of development.

2.       Council leadership, particularly in times of uncertainty due to Covid-19, and future planning, with a focus on communication and keeping community informed and involved.

3.       Housing affordability.

 

The 2020 Community Survey information will be uploaded to Council’s website and shared with stakeholders, such as the Community Roundtable members and through the Council E-News. Staff will use it to inform operations and service reviews and to continue to focus on communication and engagement and customer services.

 

The data from the community survey is also used to support Council advocacy and lobbying for improved services for residents of the Shire, to inform policy development and to support grant applications. 

 

Please note:

 

a)      the report that it uses the word ‘significant’ to refer to “statistical significance” (which identifies results that are not likely to have occurred by chance) rather than the everyday meaning of the word ‘significant’

 

b)      the survey and report were contracted before, and therefore are inconsistent (eg font and colour) with Council’s recently updated document publication requirements but future contracts will be changed to ensure subsequent reports are consistent with publication requirements.

 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.1

Engage and involve community in decision making

5.1.1

Facilitate inclusive community consultation and stakeholder engagement to inform Council decision making (SP)

5.1.1.4

Conduct Community Survey

 

 

Legal/Statutory/Policy Considerations

 

There is currently no statutory requirement on Council to carry out Community Surveys to measure satisfaction with services. However, they are key to understanding and meeting community expectations and undertaking the surveys, and discussing and publishing the results, demonstrates Councils’ commitment to community-led decision-making and open and accountable governance.

 

Financial Considerations

 

The biennial budget for the community survey is $30,000. The 2020 Community Survey project will be delivered below budget, however the final cost was not known at the time of report writing, as the final invoicing had not been received.   


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.3

 

 

Staff Reports - Corporate and Community Services

 

Report No. 13.3           Extension of Councillor Expenses and Facilities Policy

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/524

                                       

 

 

Summary:

 

The Minister of Local Government has postponed the 2020 Local Government election (Office of Local Government Circular 20-10) until 4 September 2021; extending the term of office for the current Councillors for an additional 12 months. 

 

This report proposes an amendment to the Councillor Expenses and Facilities Policy to support Councillors to perform their civic duties throughout this additional year of their term. Funding is already allocated in the draft budget and this report seeks merely to regularise the related policy position.

 

 

  

 

RECOMMENDATION:

That in accordance with Section 253 of the Local Government Act 1993, Council adopts an amendment to the Councillor Expenses and Facilities Policy (Attachment 1 #E2019/40814) to include the provision of $1,000 per councillor for ‘ICT equipment and consumables’ for the additional 2020/21 year of the current council term.

 

Attachments:

 

1        Statutory Policy: Councillor Expenses and Facilities 2019, E2019/40814  

 

 


 

REPORT

 

On 25 March 2020, the Office of Local Government Circular 20-10 provided amendments to the Local Government Act 1993 (the Act) to confer power to the Minister to postpone council elections. The Minister subsequently announced that the September 2020 local government elections were postponed to address the risks posed by the COVID-19 virus.

 

The circular further outlined that the current Councillors and popularly elected mayors will continue to hold their civic offices until an ordinary election is held in 2021.

 

To support Councillors during this additional year of their term, it is recommended that the Councillor Expenses and Facilities Policy be amended to provide $1,000/councillor for the purchase of  ‘ICT equipment and consumables’ for the additional year of the council term (year 5).

 

All other provisions within the policy continue to apply, as they are provided on an unspecified annual basis, as detailed in Annexure D of the policy, below:

 

Expense or facility

Clause

Maximum amount
(either total allocation or per councillor)

Frequency

General travel expenses

6.2

6.6

$17,700 – total

Annual

Accommodation and meals

6.19

6.20

As required – refer to Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as a guide

As required

Out of pocket expenses (attending conferences, workshops etc – eg meals, travel)

6.32

$100/day

As required

Conference, seminar, workshop or function held in the local area

6.38

$500/councillor (approved by the General Manager)

As required

Professional development

6.25

$10,000 – total

Annual

Conferences and seminars

6.32

$31,500 – total

Annual

ICT equipment and consumables

6.43.2

$3,700/councillor (year 1 of term)

$2,000/councillor (year 2 of term)

$2,000/councillor (year 3 of term)

$1,000/councillor (year 4 of term)

Annual

ICT support services

6.43.2

$2,000 – total 

Annual

Telephone (fixed line/mobile)

6.43.1

$235 (Mayor)

$200 (Councillors)

Monthly

Carer expenses

6.48

$3,100 – total

Annual

Councillor Assistance Program

6.52

5 sessions/councillor 

Annual

Fitness Passport

6.53

Subsidised and provided to all councillors

Annual

Access to facilities in Councillor room

9.1

Provided to all councillors

 

Council vehicle and fuel card

10.1

Provided to the Mayor

 

Reserved parking space at Council offices

10.3

Provided to the Mayor

 

Furnished office and meeting space

10.4

Provided to the Mayor

 

Support staff

10.5

Provided to all councillors

 

MasterCard

10.6

Provided to the Mayor ($5,000 value)

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.4

Support Councillors to carry out their civic duties

5.2.4.3

Provide support to Councillors – including councillor requests, briefing sessions, provision of facilities and payment of expenses, and record keeping

 

 

Legal/Statutory/Policy Considerations

 

The relevant sections of the Local Government Act 1993 are as follows:

 

252    Payment of expenses and provision of facilities

(3)     A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4)     A council may from time to time amend a policy under this section.

(5)     A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

 

253    Requirements before policy concerning expenses and facilities can be adopted or amended

(1)     A council must give public notice … allowing at least 28 days for the making of public submissions.

(2)     … the council must consider any submissions … and make any appropriate changes to the draft policy or amendment.

(3)     … a council need not give public notice of a proposed amendment … if the council is of the opinion that the proposed amendment is not substantial.

 

254 Decision to be made in open meeting

The council or a council committee all the members of which are councillors must not close to the public that part of its meeting at which a policy for the payment of expenses or provision of facilities is adopted or amended, or at which any proposal concerning those matters is discussed or considered.

 

Financial Considerations

 

The 2020/21 draft budget contains allocations to fund the requirements of this Policy.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.4

 

 

Report No. 13.4           Draft 2020/21 Operational Plan and Budget for public exhibition

Directorate:                 Corporate and Community Services

Report Author:           Esmeralda Davis, A/Manager Corporate Services

James Brickley, Manager Finance

Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/711

                                       

 

 

Summary:

 

Council’s Operational Plan articulates the key activities to be delivered in a financial year based on the actions and strategic goals in ‘Our Byron, Our Future’ – Council’s 10-year Community Strategic Plan and 4-year Delivery Program. Council is in its fourth year of the Delivery Program.

 

Council’s Statement of Revenue Policy includes Budget Estimates, Rates and Charges, Borrowings, and Fees and Charges.

 

The preparation of these documents is regulated under the Integrated Planning and Reporting Framework requirements legislated by the Local Government Act 1993 (Sections 402 to 406).

 

This report recommends placing the Draft 2020/21 Operational Plan and Statement of Revenue Policy, subject to any amendments, on public exhibition for 28 days.

 

  

 

RECOMMENDATION:

That Council:

 

1.       Endorses the draft Operational Plan 2020/21 (Attachment 1, E2020/43572) for public exhibition for a period of 28 days.

 

2.       Endorses the Draft 2020/21 Statement of Revenue Policy comprising detailed Budget           Estimates (Attachment 2, E2020/43197), Rates, Charges, Borrowings and Fees and           Charges (Attachment 3, E2020/42781) for public exhibition for a period of 28 days.

 

 

Attachments:

 

1        Draft 2020-21 Operational Plan, E2020/43572  

2        Draft 2020-21 Budget Estimates (Detailed), E2020/43197  

3        Draft 2020-21 Revenue Policy including Fees and Charges, E2020/42781  

 

 


 

REPORT

 

The Community Strategic Plan, the Delivery Program and the Operational Plan form part of the Integrated Planning and Reporting Framework which is a requirement under the Local Government Act 1993.

 

The 4-year Delivery Program turns the strategic goals found in the Community Strategic Plan into actions. The annual Operational Plan spells out the detail of the Delivery Program, identifying the individual projects and activities that will be undertaken in a specific year to achieve the commitments made in the Delivery Program. The Operational Plan must include the Council’s annual budget, along with Council’s Statement of Revenue Policy, which sets the proposed rates, fees and charges for that financial year. 

 

Council undertook a significant review of its Delivery Program in 2018 following the development of a new Community Strategic Plan and recommendations from the Infrastructure Community Solutions Panel. It has not been reviewed this year.

 

Draft 2020/21 Operational Plan

 

The Operational Plan actions detail the activities and projects Council will undertake. It is grouped under our five Community Strategic Plan themes, which are:

·        We have infrastructure, transport and services which meet our expectations

·        We cultivate and celebrate our diverse cultures, lifestyle and sense of community

·        We protect and enhance our natural environment

·        We manage growth and change responsibly

·        We have community led decision making which is open and inclusive

 

Within each theme, reading across, the Operational Plan is structured by Community Strategic Plan objective and strategy, Delivery Plan action, Operational Plan activity, financial implications, responsibility, measure, and due date. Links to Community Solutions Panel (infrastructure) recommendations and Disability Inclusion Action Plan requirements are also referenced.

 

The draft Operational Plan is included at Attachment 1.

 

Draft 2020/21 Budget Estimates (Statement of Revenue Policy)

 

The Draft 2020/21 Budget Estimates are based on the 2019/20 budget reviewed at 31 March 2020 Quarter Budget Review with various changes to reflect the updated cost of service delivery across all programs developed from the input received from each Council Directorate.

 

The Draft 2020/21 Budget Result on a Consolidated (All Funds) basis forecasts a deficit budget result as outlined below at Table 1.

 

Table 1 – Forecast Budget Result 2020/21 Consolidated (All Funds)

 

Item

Amount $

Operating Result

 

Operating Revenue

85,982,600

Less: Operating Expenditure

(74,126,400)

Less: Depreciation

(15,029,000)

Operating Result – Surplus/(Deficit)

(3,172,800)

 

 

Funding  Result

 

 

 

Operating Result – Surplus/ (Deficit)

(3,172,800)

Add: Non cash expenses – Depreciation

15,029,000

Add: Capital Grants and Contributions

23,810,200

Add: Loan Funds Used

27,000,000

Add: Asset Sales

0

Less: Capital Works

(79,681,000)

Less: Loan Principal Repayments

(3,508,400)

Funding Result – Surplus/(Deficit) (Cash Movement)

(20,523,000)

Reserves Movement – Increase/(Decrease)

(20,146,800)

Overall Budget Result – Surplus/(Deficit) (Operating + Funding)

(376,200)

 

The detailed Draft 2020/21 Budget Estimates are included at Attachment 2. Table 1 indicates a forecasted budget deficit result of $376,200 and this relates to the General Fund. The forecast General Fund Unrestricted Cash Balance position based on the draft budget included at Table 1 is outlined in Table 2 below:

 

Table 2 – Forecast General Fund Unrestricted Cash Balance

 

Item

$

Forecast unrestricted cash balance to 30 June 2020 at 31 March 2020 Budget Review (proposed)

23,700

Add: Estimated initial draft 2020/21 budget result

(376,200)

Forecast unrestricted cash balance at 30 June 2021

(352,500)

 

In addition to Table 1 above, budgeted financial statements incorporating an Operating Statement and Cash Flow Statement have been produced. These financial statements, replicating the format of Council’s Annual Financial Statements, are included in Attachment 1 as part of the Operational Plan, along with a one page summary of all Council budget program outcomes.  Reserve balances are outlined in the detailed budget estimates provided at Attachment 2.

 

Following the Council Strategic Planning Workshop of 4 June 2020, the Draft 2020/2021 budget position presented there has changed with the projected deficit increasing from $321,600 to $376,200 or by $54,600 due to anticipated negotiations over the Local Government State Award 2020.  The budget was presented assuming a wage increase of 1% from the first full pay period in July 2020 which was one of the options being considered but further advice has been received that the negotiated outcome is likely to be a 1.5% increase. This has a financial impact across the budget amounting to $54,600.

 

There are also some capital works adjustments required in the Sewerage and Water Funds as follows:

 

·    Following confirmation of pricing, the budget for the South Byron STP remediation needs to increase by $500,000 from $1.700million to $2.200million.

·    Following confirmation of pricing, the budget for the Mullumbimby STP remediation needs to decrease by $500,000 from $1.719million to $1.219million.

·    Deletion of the Fletcher Street property development planning budget of $344,000 from the Water Fund removed from the 31 March 2020 Quarterly Budget Review but included in the Draft 2020/2021 Budget, as this project is not continuing.

 

Specific comment about Council’s financial position

 

The COVID-19 Pandemic has impacted the financial position of Council due to anticipated revenue losses and costs to respond to the Pandemic.  For the 2019/2020 financial year, at the time of preparing this report and after considering the 31 March 2020 Quarterly Budget Review, Council is facing a projected $976,300 deficit.  Combined with the projected deficit of $376,300 for 2020/2021, Council is looking at a cumulative projected deficit of $1.353million. While Council is fortunate to have had its unrestricted cash balance of $1.000million available to help cushion the impact of COVID-19, it is now in a position of having no unrestricted cash to assist in funding any unforeseen event. As a result Council should err on the side of caution with its finances until the unrestricted cash balance can be rebuilt. It is noted that Council now has, as an ultimate contingency, a $1million bank overdraft facility.

 

The intent is, during the finalisation of the 2019/2020 financial year outcomes and during the course of the 2020/2021 financial year, to recover through the Quarterly Budget Review process the deficit budget position as much as possible on the assumption that public health order restrictions continue to ease and economic activity starts to recover.

 

To arrive at the Draft Budget Results outlined in Table 1 for the 2020/21 financial year, Council’s revenue and operational expenses are expected to be derived from the following sources and allocated respectively as outlined in the graphs below:

 

 

 

 

In addition to the operational aspects of the proposed Draft 2020/21 Budget Estimates, Council is proposing a capital works program of $79.681million. By Fund, the projected capital works are:

·        General Fund $53.177million

·        Water Fund $2.731million

·        Sewerage Fund $23.773million

 

Specific capital works projects have been detailed in Attachment 2. As in previous years, the General Fund is presented in a different format, to improve the disclosure of funding sources for specific projects including:

 

·    Developer contribution funding to describe the specific part of the Developer contribution plan and catchment that is providing the funding for a project.

·    Where reserve funds are funding a project, identification of the reserve being utilised.

·    Separation of funding provided by Special Rate Variations (SRVs) including previously granted SRVs prior to 2008/2009 and the SRV from 2017/2018, for which Council has reporting obligations for 10 years.

 

Of the $53.177million for capital works related to the General Fund, $29.987million is allocated towards Roads and Drainage projects including $9.018million allocated to the Byron Bay Bypass. The General Fund also includes $12.000million for the Dingo Lane Solar Farm and the Sewerage Fund Capital Works Budget includes $15.000million for the Bio-Energy Facility.

 

The Draft 2020/21 Budget Estimates also propose new loan borrowings of $27million to fund the following projects:

·        Dingo Lane Solar Farm (General Fund) $12 million

·        Bio-Energy Facility (Sewerage Fund) $15million

 

The amount of actual loan funds Council will need to borrow may be reduced pending the following considerations:

 

1.       Council approval to proceed to construct both projects following final assessment of the viability of both projects.

2.       Whether Council is able to secure any grant funding towards either or both projects.

3.       Finalisation of cost estimates and timing of construction if either or both projects proceed.

 

Should Council need to borrow the full $27million or lesser amount, this will be subject to lending approval and it will be necessary for both projects to be financially viable to generate sufficient return to fund their operation, maintenance, future loan repayments and provide for future replacement.

 

It will be likely that Council will not be able to access the low-interest initiative loan borrowing facility offered by the NSW Government through NSW Treasury Corporation as these projects will fall outside its lending criteria.

 

On the assumption Council does need to and is able to borrow $27million during 2020/2021, this will leave Council with loan debt at 30 June 2021 after budgeted loan repayments during 2020/2021 of $86.326million.

 

Draft General Land Rates and Charges (Statement of Revenue Policy)

 

The Draft 2020/21 Revenue Policy includes the proposed rating structure, consistent with the structure revised by Council for the 2017-2018 financial year. This is outlined in Attachment 3. The rating structure incorporates the final year of the approved 2017/2018 Special Rate Variation (SRV) with the overall rate yield for 2020/21 increasing by 7.50% (including rate pegging of 2.60% set by the Independent Pricing and Regulatory Tribunal (IPART) for the 2020/21 financial year).

 

Given Council has an SRV approval for the financial years, 2017-2018 to 2020-2021, the Independent Pricing and Regulatory Tribunal (IPART) has set the rating structure for the next two financial years as the minimum rates to apply have been determined by Order.

 

The 2020/21 financial year will also see the introduction of new land valuations for the purposes of levying general land rates.  The land valuations are not determined by Council but by the NSW Valuer General.  There will be fluctuations in the general land rates payable by ratepayers and this will solely be influenced by land value.  Council has maintained the same rating structure and revenue differentials applied to each rating category.  Overall land values have increased by 37.5% across the Shire but there have been some significant and some smaller increases plus some decreases. This means that while some ratepayers will see decreases, others will potentially see significant increases. Increased land values do not increase Council’s overall general land rating income, merely shift the balance of payment.

 

In respect of other charges, the Draft 2020/21 Revenue Policy includes the following:

·        Waste Charges – increases in accordance with the Consumer Price Index (CPI) – 1.80%

·        Water access charges increasing around 1.6% and water usage charges increasing by 7.7% from $2.60 to $2.80 per kilolitre. Water will now be the same price for usage irrespective of whether a consumer is residential or non-residential, providing equity for all consumers and continuation of the single tariff introduced in the 2019/2020 financial year. 

·        Increasing the sewerage access charge for residential consumers from $857 per annum to $1,257 per annum.  Whilst representing an increase of $400 per annum, the increase will be offset by the removal of the sewerage usage charge for residential consumers charged quarterly via the water/sewerage usage account. These accounts will be issued in relation to 2020/2021 water consumption only. The rationale for making this change for residential sewerage charges is as follows:

o   Council will be consistent with every other Council in NSW.

o   WaterNSW only supports volumetric sewerage charges for non-residential ratepayers in accordance with best practice pricing guidelines.

o   The current charging is unfair because Council cannot accurately measure each property’s discharge to the sewerage system.  It is currently assumed that 75% of water consumed is returned to the sewer.

o   Residential ratepayers lack the ability to control discharge which therefore creates a weak pricing signal which is the main intention of volumetric charging.

o   The sewerage charge will be come a fixed amount and a known quantity.  It will no longer vary based on water consumption.

o   Provides more certainty to Council in respect of sewerage revenue as the variability of water consumption is removed.

·        The stormwater charge has not increased. It is a regulated charge that has not changed over the last fourteen years.

 

Draft Fees and Charges (Statement of Revenue Policy)

 

The Draft 2020/21 Fees and Charges have been reviewed by the respective program managers and included at Attachment 3.  Where possible, fees have been altered/increased to reflect the following specific changes:

·        Increases in the Consumer Price Index (CPI)/Indexation - assumed at 1.80%.

·        Review of fees and charges including benchmarking/cost of service provision and where possible, introduction of new fees to assist Council to generate additional/enhanced revenue.

 

Following Council resolution 20-124(5)(e) from the 26 March 2020 Ordinary Meeting, a review of Council revenue was undertaken to consider the exploration of a freeze of fees and charges for 2020/2021.  This analysis indicated from a budget perspective Council would forgo $258,500 in revenue.  This outcome was based on an assumption that demand is as per 2019-2020 levels prior to COVID-19.  A lot of Council revenue where there is flexibility to alter the respective fees and charges is demand driven.  Therefore if the demand is not there a ‘freeze’ will have no impact.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

CSP Strategy

DP Action

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.1

Provide timely, accessible and accurate information to the community

5.2.1.1

Review Operational Plan annually

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.2

Complete annual statutory financial reports

 

Legal/Statutory/Policy Considerations

 

Section 405 of the Local Government Act outlines the Operational Plan requirements including public exhibition and timeframes.

 

The specific statements required by Council to be disclosed as part of its Revenue Policy are determined by Clause 201 of the Local Government (General) Regulation 2005.

 

Financial Considerations

 

The Operational Plan includes the annual budget required to fund the projects and services delivered as part of the Plan.

 

Consultation and Engagement

 

The Draft 2020/21 Operational Plan and Budget have been prepared based on the strategic priorities in the Community Strategic Plan and insights from the 2018 Infrastructure Community Solutions Panel and the 2018 Community Satisfaction Survey.

 

Initial community feedback was obtained through community conversations held in February as well as an online engagement portal.  The presentation included discussion on:

·        how the budget and operational plan are developed

·        outcomes and progress on investment of SRV and pay-parking funds

·        projects being considered

·        input on priorities from attendees.

 

The Draft 2020/21 Operational Plan and Budget will be subject to 28 days’ public exhibition.  Due to COVID-19 restrictions, Council will be limited to online forms of community engagement and therefore community feedback will be sought primarily through www.yoursaybyronshire.com.au, Public notices and media releases will also be distributed.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.5

 

 

Report No. 13.5           Report of the Public Art Panel meeting held on 9 April 2020

Directorate:                 Corporate and Community Services

Report Author:           Joanne McMurtry, Community Project Officer

File No:                        I2020/567

Theme:                         Corporate Management

                                      Community Development

 

 

Summary:

 

A Public Art Panel meeting was held on 9 April 2020 to consider a new Public Art Annual Small Grants Program, an update from Creative Mullumbimby, and to consider a Preliminary Public Art Plan under the recently revised DCP Public Art Chapter. Panel recommendations are provided for Council’s consideration.

 

  

 

RECOMMENDATION:

1.       That Council adopts the Public Art Annual Small Grants Program, incorporating feedback provided from Public Art Panel members, and prepares to advertise the first round.

 

2.       That Council approves the location of Immaculate Concept of the Mind sculpture as           remaining in Palm Park on loan from the artist, noting the work was selected as an           acquisition prize for the Mullumbimby Sculpture Walk as per the DA approval.

 

3.       That Council notes that the Public Art Panel reviewed the Preliminary Public Art Plan           for 139 Jonson St, Byron Bay and provided feedback and comments to enable the           assessment planning officer to proceed with the DA assessment process.

 

4.       That Council notes that following the 9 April meeting, Matthew Baird submitted his           resignation from the Panel and that a letter of thanks will be provided.

 

 

Attachments:

 

1        Minutes 09/04/2020 Public Art Panel, I2020/519  

2        DRAFT Public Art Annual Small Grants Program, E2019/91065  

 

 


REPORT

 

A Public Art Panel meeting was held on 9 April 2020 to consider a new Public Art Annual Small Grants Program, an update from Creative Mullumbimby, and to consider a Preliminary Public Art Plan under the recently revised DCP Public Art Chapter.

 

The Panel made recommendations to Council as noted in the attached minutes of the meeting and as described in this report.

 

Public Art Annual Small Grants Program

 

Council is often approached by community groups and artists with requests for financial and other support for projects such as local art events and temporary artworks, e.g. murals. These requests are not necessarily aligned with the priorities outlined in the Public Art Strategy and nor do they represent the geographical spread of locations within the Shire. Given the limited budget for public art and desire to improve both equity and outcomes, an annual competitive grant process is considered as one way to improve outcomes for both Council and the community.

 

The attached draft of the Program proposes the draft program description, objectives, initial priorities, eligibility criteria and assessment criteria.

 

The suggestion is to allocate $5,000 per annum to this Program, awarding the funding to either one or two projects based on applications as assessed against the criteria.

 

The public art objectives and priorities are based on the Public Art Policy and the Public Art Strategy. The draft Program is based on Council’s successful Community Initiatives Program with regard to eligibility and terms and conditions.

 

The Program would be advertised annually, with the Public Art Panel assessing the applications that progress through the initial compliance assessment.

 

Anticipated Outcomes of the Program

 

1.       Provide an equitable framework and process to assess a range of projects, public art-based events and small public art proposals for Council support, where there is currently no provision;

 

2.       Provide an opportunity for community members/groups to strengthen links and increase community involvement in public art activities;

 

3.       Target priority groups, areas and issues in alignment with Council and community goals;

 

4.       Strengthen Council relationship with the artistic community in the Shire through engagement and recognising and valuing their participation in Council business; and

 

5.       Increase the number and type of partnerships delivering public art projects in Byron Shire.

 

Program Evaluation

 

The program evaluation could include:

 

·        Quality and number of activities delivered successfully;

·        Value for money;

·        Community feedback;

·        Partnerships and support networks that are developed and encouraged through this process;

·        Artwork that is created in a professional manner;

·        Relevance and appropriateness of the work to the site;

·        Improved image and perception of public art in the Shire; and

·        Improved knowledge amongst the community of Council’s support for public art in the Shire.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.3

Enhance opportunities for interaction with art in public spaces

2.1.3.1

Implement Public Art Strategy

 

Legal / Statutory / Policy Considerations

 

Public Art Policy

Public Art Strategy

Public Art Guidelines

 

Financial Considerations

 

The new Public Art Annual Small Grants Program is proposed to be funded from the annual public art budget. The annual public art budget has previously averaged at $17,000 per year; the proposal is to set aside $5,000 for this program per annum.

 

Consultation and Engagement

 

This report provides the minutes of the Public Art Panel, made up of 6 community representatives, 2 invited members and 2 councillors.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.6

 

 

Report No. 13.6           Revised Council meeting schedule for 2020 due to postponement of Local Government Election

Directorate:                 Corporate and Community Services

Report Author:           Mila Jones, Governance Coordinator

File No:                        I2020/768

                                       

 

 

Summary:

 

Due to the postponement of the Local Government Election from 2020 to 2021, Council’s adopted meeting schedule has been amended as proposed in the recommendation.

 

  

 

RECOMMENDATION:

That Council, due to the postponement of the 2020 Local Government Election, adopts the following amended schedule for Council Meetings and Strategic Planning Workshops from August 2020:

 

Date (2020)

Meeting/Workshop

6 August

SPW

13 August*

Planning

27 August

Ordinary

3 September

SPW

17 September

Planning

24 September

Ordinary

1 October

SPW

15 October

Planning

22 October

Ordinary

5 November

SPW

19 November

Planning

26 November

Ordinary

3 December

SPW

10 December

Planning

17 December

Ordinary

*    Committee meetings have previously been resolved for 20 August therefore Planning Meeting brought forward to 13 August.

 

 

 

 


 

REPORT

 

At the Ordinary Meeting on 28 November 2019 Council adopted a meeting schedule for 2020 which accommodated a Local Government Election year.  As the election has now been postponed until 2021 due to COVID-19 restrictions, this report proposes to amend the schedule for Council Meetings and Strategic Planning Workshops by removing all election related dates and activities for the remainder of 2020. The amendments bring the schedule back to a regular meeting schedule in line with the Code of Meeting Practice.

 

There are no changes required for any Advisory Committee, Panel, Local Traffic Committee, or Planning Review Committee dates as these had already been allocated as per a normal meeting schedule.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:
We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.4

Support Councillors to carry out their civic duties

5.2.4.2

Deliver Council meeting secretariat – including agenda preparation, minutes and council resolutions monitoring

 

 

Legal/Statutory/Policy Considerations

 

Various sections of the Local Government Act 1993 apply to meeting dates. Section 9 notes that a council must give notice to the public of the times and places of its meetings, Section 365 notes that Council is required to meet at least 10 times each year, and Section 367 outlines the required notice period of business papers for Councillors.

 

The full regulation is available at http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

 

Financial Considerations

 

There are no financial implications with this meeting schedule.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.7

 

 

Report No. 13.7           Council Investments - 1 May 2020 to 31 May 2020

Directorate:                 Corporate and Community Services

Report Author:           James Brickley, Manager Finance

File No:                        I2020/807

                                       

 

 

Summary:

 

This report includes a list of investments and identifies Council’s overall cash position for the period 1 May 2020 to 31 May 2020 for information. 

 

This report is prepared to comply with Regulation 212 of the Local Government (General) Regulation 2005.

  

 

RECOMMENDATION:

That the report listing Council’s investments and overall cash position as at 31 May 2020 be noted.

 

 

 

 


 

REPORT

 

Council has continued to maintain a diversified portfolio of investments. At 31 May 2020, the average 90 day bank bill rate (BBSW) for the month of May 2020 was 0.10%. Council’s performance to 31 May was 1.63%. This is largely due to the active ongoing management of the investment portfolio, maximising investment returns through secure term deposits, bonds and purchasing floating rate notes with attractive interest rates. It should be noted that as investments mature, Council’s % return will continue to decrease due to the lower rates available in the current market.

 

The table below identifies the investments held by Council as at 31 May 2020

 

Schedule of Investments held as at 31 May 2020

 

Purch Date

Principal ($)

Description

CP*

Rating

Maturity Date

No Fossil Fuel

Type

Interest Rate Per Annum

Current Value

24/03/17

1,000,000

NAB Social Bond (Gender Equality)

Y

AA-

24/03/22

Y

B

3.25%

1,044,263.16

15/11/18

980,060

NSW Treasury Corp (Green Bond)

N

AAA

15/11/28

Y

B

3.00%

1,108,880.00

20/11/18

1,018,310

QLD Treasury Corp (Green Bond)

N

AA+

22/11/24

Y

B

3.00%

1,077,720.00

28/03/19

1,000,000

National Housing Finance & Investment Corporation

Y

AAA

28/03/31

Y

B

2.38%

1,062,980.00

21/11/19

1,000,250

NSW Treasury Corp (Sustainability Bond)

N

AAA

20/03/25

Y

B

1.25%

1,000,250.00

27/11/19

500,000

National Housing Finance & Investment Social Bond

Y

AAA

27/05/30

Y

B

1.57%

500,000.00

31/03/17

1,000,000

CBA Climate Bond

Y

AA-

31/03/22

Y

FRN

1.84%

1,008,850.00

16/11/17

750,000

Bank of Queensland

Y

BBB+

16/11/21

N

FRN

1.99%

753,667.50

30/08/18

500,000

Bank Australia Ltd (Sustainability Bond)

Y

BBB+

30/08/21

Y

FRN

2.27%

502,795.00

07/12/18

2,000,000

Credit Union Australia

Y

BBB

07/12/20

Y

TD

3.02%

2,000,000.00

03/07/19

1,000,000

Australian Military Bank

Y

NR

02/07/20

N

TD

2.12%

1,000,000.00

27/08/19

1,000,000

AMP Bank

Y

BBB

26/08/20

N

TD

1.80%

1,000,000.00

25/09/19

2,000,000

NAB

N

AA-

24/09/20

N

TD

1.60%

2,000,000.00

31/10/19

1,000,000

ME Bank

Y

BBB

28/07/20

Y

TD

1.58%

1,000,000.00

08/11/19

2,000,000

Suncorp

Y

A+

04/08/20

N

TD

1.60%

2,000,000.00

27/11/19

1,000,000

Coastline Credit Union

Y

NR

26/11/20

Y

TD

1.80%

1,000,000.00

02/12/19

1,000,000

The Mutual Bank

Y

NR

02/06/20

Y

TD

1.75%

1,000,000.00

03/12/19

1,000,000

AMP Bank

N

BBB

02/06/20

N

TD

1.90%

1,000,000.00

06/01/20

2,000,000

NAB

N

AA-

04/06/20

N

TD

1.58%

2,000,000.00

06/01/20

1,000,000

Judo Bank

Y

NR

05/01/21

N

TD

2.10%

1,000,000.00

20/01/20

1,000,000

Westpac (Tailored)

Y

AA-

20/01/21

Y

TD

1.41%

1,000,000.00

24/01/20

2,000,000

Bank of Queensland

N

BBB+

24/07/20

N

TD

1.60%

2,000,000.00

30/01/20

1,000,000

Judo Bank

N

NR

30/07/20

N

TD

1.85%

1,000,000.00

06/02/20

1,000,000

My State Bank

Y

NR

06/08/20

Y

TD

1.70%

1,000,000.00

02/03/20

2,000,000

Macquarie Bank Ltd

Y

A

01/06/20

N

TD

1.70%

2,000,000.00

02/03/20

2,000,000

Macquarie Bank Ltd

N

A

01/06/20

N

TD

1.70%

2,000,000.00

03/03/20

2,000,000

Macquarie Bank Ltd

N

A

02/06/20

N

TD

1.70%

2,000,000.00

04/03/20

1,000,000

Auswide Bank Ltd

Y

NR

03/06/20

Y

TD

1.55%

1,000,000.00

09/03/20

2,000,000

NAB

N

AA-

09/06/20

N

TD

1.37%

2,000,000.00

12/03/20

2,000,000

Macquarie Bank Ltd

N

A

10/06/20

N

TD

1.70%

2,000,000.00

25/03/20

1,000,000

TCorp Green Deposit

N

AAA

25/09/20

N

TD

0.57%

1,000,000.00

06/04/20

1,000,000

Police Credit Union Ltd (SA)

Y

NR

06/10/20

N

TD

1.75%

1,000,000.00

23/04/20

1,000,000

Summerland Credit Union

Y

NR

23/07/20

Y

TD

1.60%

1,000,000.00

28/04/20

1,000,000

The Capricornian

Y

NR

23/07/20

Y

TD

1.60%

1,000,000.00

29/04/20

2,000,000

Macquarie Bank Ltd

N

A

29/07/20

N

TD

1.25%

2,000,000.00

04/05/20

1,000,000

NAB

N

AA-

03/08/20

N

TD

1.00%

1,000,000.00

04/05/20

1,000,000

Summerland Credit Union

  N

NR

20/08/20

Y

TD

1.30%

1,000,000.00

06/05/20

1,000,001

AMP Bank

N

BBB

04/11/20

N

TD

1.65%

1,000,001.00

12/05/20

1,000,000

ME Bank

N

BBB

11/08/20

N

TD

1.27%

1,000,000.00

12/05/20

1,000,000

The Mutual Bank

N

NR

09/11/20

N

TD

1.50%

1,000,000.00

25/05/20

1,000,000

AMP Bank

N

BBB

23/11/20

N

TD

1.65%

1,000,000.00

25/05/20

1,000,000

Macquarie Bank Ltd

N

A

24/08/20

N

TD

1.00%

1,000,000.00

26/05/20

1,000,000

Judo Bank

N

NR

24/11/20

Y

TD

1.70%

1,000,000.00

28/05/20

2,000,000

AMP Bank

N

BBB+

25/11/20

N

TD

1.65%

2,000,000.00

N/A

15,529,189.87

CBA Business Saver

N

AA-

N/A

N

CALL

1.20%

15,529,189.87

N/A

2,506,331.42

CBA Business Saver – Tourism Infrastructure Grant

N

AA-

N/A

N

CALL

1.20%

2,506,331.42

N/A

3,585,174.82

NSW Treasury Corp

N

AAA

N/A

Y

CALL

1.15%

3,585,174.82

Total

                                                                                                                                                                            

 

 

 

 

 

AVG

1.63%

 76,680,102.77

 

Note 1.

CP = Capital protection on maturity

 

N = No Capital Protection

 

Y = Fully covered by Government Guarantee

 

P = Partial Government Guarantee of $250,000 (Financial Claims Scheme)

 

 

Note 2.

No Fossil Fuel ADI

 

Y = No investment in Fossil Fuels

 

N = Investment in Fossil Fuels

 

U = Unknown Status

 

Note 3.

Type

Description

 

 

B

Bonds

Principal can vary based on valuation, interest payable via a fixed interest, payable usually each quarter.

 

FRN

Floating Rate Note

Principal can vary based on valuation, interest payable via a floating interest rate that varies each quarter.

 

TD

Term Deposit

Principal does not vary during investment term. Interest payable is fixed at the rate invested for the investment term.

 

CALL

Call Account

Principal varies due to cash flow demands from deposits/withdrawals, interest is payable on the daily balance.

 

Environmental and Socially Responsible Investing (ESRI)

 

An additional column has been added to the schedule of Investments to identify if the financial institution holding the Council investment has been assessed as a ‘No Fossil Fuel’ investing institution. This information has been sourced through www.marketforces.org.au and identifies financial institutions that either invest in fossil fuel related industries or do not. The graph below highlights the percentage of each classification across Council’s total investment portfolio in respect of fossil fuels only.

 

The notion of Environmental and Socially Responsible Investing is much broader than whether a financial institution as rated by ‘marketforces.org.au’ invests in fossil fuels or not. Council’s current Investment Policy defines Environmental and Socially Responsible Investing at Section 4.1 of the Policy which can be found on Council’s website.

 

Council has two investments with financial institutions that invest in fossil fuels but are nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

 

1.  $1,000,000 investment with the National Australia Bank maturing on 24 March 2022 known as a Social Bond that promotes Gender Equity.

 

2.  $1,000,000 investment with Commonwealth Bank maturing on 31 March 2022 known as a Climate Bond.

 

Investment Policy Compliance

 

 

The above table identifies compliance with Council’s Investment Policy by the proportion of the investment portfolio invested with financial institutions, along with their associated credit ratings compared to parameters in the Investment Policy. The parameters are designed to support prudent short and long-term management of credit risk and ensure diversification of the investment portfolio. Note that the financial institutions currently offering investments in the ‘ethical’ area are still mainly those with lower credit ratings (being either BBB or not rated at all i.e. credit unions).

 

Associated Risk

 

Moving more of the investment portfolio into the ‘ethical’ space will lower the credit quality of the investment portfolio overall and increase the organisation’s credit risk (i.e. exposure to potential default). To monitor this issue the ‘Investment Policy Compliance’ table is now produced for each monthly Investment Report to Council.

 

The investment portfolio is outlined in the table below by investment type for the period 1

May 2020 to 31 May 2020:

 

Dissection of Council Investment Portfolio as at 31 May 2020

 

Principal Value ($)

Investment Linked to:

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

47,000,001.00

Term Deposits

47,000,001.00

0.00

2,250,000.00

Floating Rate Note

2,265,312.50

15,312.50

15,529,189.87

CBA Business Saver

15,529,189.87

0.00

2,506,331.42

CBA Business Saver – Tourism Infrastructure Grant

2,506,331.42

0.00

3,585,174.82

NSW Treasury Corp

3,585,174.82

0

5,498,600.00

Bonds

5,794,093.16

295,493.16

76,369,297.11

 

76,680,102.77

310,805.66

 

The current value of an investment compared to the principal value (face value or original purchase price) provides an indication of the performance of the investment without reference to the coupon (interest) rate. The current value represents the value received if an investment was sold or traded in the current market, in addition to the interest received.

 

The table below provides a reconciliation of investment purchases and maturities for the period of 1 May 2020 to 31 May 2020 on a current market value basis. 

 

Movement in Investment Portfolio – 31 May 2020

 

Item

Current Market  Value (at end of month) $

Opening Balance at 1 May 2020

73,366,427.98

Add: New Investments Purchased

10,000,001.00

Add: Call Account Additions

13,000,000.00

,000,000.00

Add: Interest from Call Account

10,142.03

 

Less: Investments Matured

19,000,001.00  

Add: T Corp Additions

0.00

Add: Interest from T Corp

3,532.76

 

Less: Call Account Redemption

700,000.00

Less: T Corp Redemption

0.00

Less: Fair Value Movement for period

0.00

Closing Balance at 31 May 2020

76,680,102.77

 

Term Deposit Investments Maturities and Returns – 1 May 2020 to 31 May 2020

 

Principal Value ($)

Description

Maturity Date

Number of Days Invested

Interest Rate Per Annum

Interest Paid on Maturity $

1,000,000

The Mutual Bank

12/05/2020

181

1.50%

7,438.36

1,000,001

AMP Bank

06/05/2020

182

1.75%

8,726.04

1,000,000

NAB TD

04/05/2020

91

1.58%

3,939.18

2,000,000

NAB TD

25/05/2020

90

1.60%

3,945.21

1,000,000

Summerland Credit Union

04/05/2020

90

1.75%

4,315.07

1,000,000

ME Bank

12/05/2020

90

1.52%

3,747.95

1,000,000

AMP Bank

25/05/2020

182

1.90%

9,473.97

2,000,000

NAB TD

19/05/2020

120

1.60%

10,520.55

1,000,000

Macquarie Bank Ltd

26/05/2020

91

1.80%

4,487.67

1,000,000

MyState Bank

28/05/2020

120

1.60%

5,260.27

1,000,000

Suncorp

07/05/2020

120

1.50%

4,931.51

1,000,000

Suncorp

12/05/2020

120

1.50%

4,931.51

1,000,000

The Mutual Bank

01/05/2020

92

1.75%

4,410.96

1,000,000

Macquarie Bank Ltd

25/05/2020

90

1.60%

3,945.21

1,000,000

Judo Bank

26/05/2020

90

1.85%

4,561.64

2,000,000

AMP Bank

28/05/2020

90

1.75%

8,630.14

19,000,001

 

 

 

 

93,265.24

         

Council’s overall ‘cash position’ is not only measured by funds invested but also by the funds retained in its consolidated fund or bank account for operational purposes. In this regard, for the month of May 2020 the table below identifies Council’s overall cash position as follows:

 

Dissection of Council’s Cash Position as at 31 May 2020

 

Item

Principal Value ($)

Current Market Value ($)

Cumulative Unrealised Gain/(Loss) ($)

Investments Portfolio

 

 

 

Term Deposits

47,000,001.00

47,000,001.00

0.00

Floating Rate Note

2,250,000.00

2,265,312.50

15,312.50

CBA Business Saver

15,529,189.87

15,529,189.87

0.00

CBA Business Saver – Tourism Infrastructure Grant

2,506,331.42

2,506,331.42

0.00

NSW Treasury Corp

3,585,174.82

3,585,174.82

0.00

Bonds

5,498,600.00

5,794,093.16

295,493.16

Total Investment Portfolio

76,369,297.11

76,680,102.77

310,805.66

 

 

 

 

Cash at Bank

 

 

 

Consolidated Fund

51,916.99

51,916.99

0.00

Total Cash at Bank

51,916.99

51,916.99

0.00

 

 

 

 

Total Cash Position

76,421,241.10

76,732,019.76

310,805.66

 

STRATEGIC CONSIDERATIONS

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.5

Manage Council’s finances sustainably

5.5.2

Ensure the financial integrity and sustainability of Council through effective planning and reporting systems (SP)

5.5.2.6

Identification of ethical investment opportunities with environmental and social inclusion outcomes

 

Legal/Statutory/Policy Considerations

 

In accordance with Regulation 212 of the Local Government (General) Regulation 2005, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it has invested under section 625 of the Local Government Act 1993.

 

The Report must be presented at the next Ordinary Meeting of Council after the end of the month being reported. The current Council Meeting cycle does not always allow this to occur, especially as investment valuations required for the preparation of the report are often received after the deadline for the submission of reports. Endeavours are being made to achieve a better alignment and for some months this will require reporting for one or more months.

 

Council’s investments are made in accordance with section 625(2) of the Local Government Act 1993 and Council’s Investment Policy. The Local Government Act 1993 allows Council to invest money as per the Minister’s Order – Forms of Investment, last published in the Government Gazette on 11 March 2011.

 

Council’s Investment Policy includes the objective of maximising earnings from authorised investments and ensuring the security of Council Funds.

 

Financial Considerations

 

Council uses a diversified mix of investments to achieve short, medium and long-term results.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.8

 

 

Report No. 13.8           Update on Active Resolutions

Directorate:                 Corporate and Community Services

Report Author:           Heather Sills, Corporate Planning and Improvement Coordinator

File No:                        I2020/868

                                       

 

 

Summary:

 

At is Ordinary Meeting held on 28 May 2020, Council resolved (20-253), inter alia, that:

“c) All [active resolution] items provided without comment be re-reported at the next meeting with comments provided.”

 

This report provides an update to Council on all resolutions active as at 3 June; each resolution includes relevant commentary regarding its status at this date.

 

 

  

 

RECOMMENDATION:

That Council notes the updated comments in the Active Resolutions report as at 3 June 2020 in Attachment 1 (#E2020/41239)

 

 

Attachments:

 

1        Active Resolutions Report - as at 3 June 2020, E2020/41239  

 

 


 

REPORT

 

Each quarter, Council is provided with an update on the status of Council resolutions; identifying those resolutions completed within the reporting period, and those resolutions that remain ‘Active’.

 

At is Ordinary Meeting held on 28 May 2020, Council resolved (20-253), inter alia, that:

“c) All [active resolution] items provided without comment be re-reported at the next meeting with comments provided.”

 

A supplementary report has been prepared to address this request.

 

The attached ‘Active Resolutions’  report provides an update to Council on all active resolutions as at 3 June; with relevant commentary regarding the status of each resolution as at this date. There are 84 active resolutions; including those resolutions from the May Council Meetings which may or may not have had any action taken at the time of preparing this report.

 

Due to the time lag between running the ‘Completed Resolutions’ report for the January – March quarter and reporting this to Council in May, some resolutions were completed but not reflected in the last report. The next ‘Completed Resolutions’ report provided to Council in the regular quarterly reporting cycle at the August Ordinary Meeting of Council, will capture this information.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5:  We have community led decision making which is open and inclusive

5.2

Create a culture of trust with the community by being open, genuine and transparent

5.2.4

Support Councillors to carry out their civic duties

5.2.4.2

Deliver Council meeting secretariat – including agenda preparation, minutes and council resolutions monitoring

 

 

Legal/Statutory/Policy Considerations

 

Implementation of Council Resolutions in accordance with the Local Government Act 1993.

 

Financial Considerations

 

A number of resolutions note that resource constraints limit completion of action required.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                          13.9

 

 

Report No. 13.9           Project Options for the Australian Government Local Roads and Community Infrastructure Program

Directorate:                 Corporate and Community Services

Report Author:           Alexandra Keen, Grants Coordinator

Christopher Soulsby, Development Planning Officer S94 & S64

File No:                        I2020/909

                                       

 

 

Summary:

 

The purpose of this report is to present project options to Council for the allocation of $730,030 of grant funding to be received from the Australian Government’s Local Roads and Community Infrastructure Program (LRCIP). 

 

 

  

 

RECOMMENDATION:

1.       That Council adopts the projects listed in Option 1 to expend the Australian Government’s Local Roads and Community Infrastructure Program grant.

 

2.       That the expenditure from Council’s preferred option be incorporated in to Council’s draft budget for public exhibition. 

 

 

Attachments:

 

1        Local Roads and Community Infrastructure Program Fact Sheet, e2020/43231  

 

 


 

REPORT

 

Background

 

On 25 May 2020, the Deputy Prime Minister, the Hon. Michael McCormack MP, announced the LRCIP and the funding allocation for each Council.  Byron Shire Council’s (Council) allocation under this program will be $730,070. 

 

These funds will be accessible from 1 July 2020 and projects must be completed by 30 June 2021.  Funding is available for local road and community infrastructure projects that involve the construction, maintenance and/or improvements to council-owned assets (including natural assets) that are generally accessible to the public. Projects will need to deliver benefits to the community, such as improved accessibility, visual amenity, and safety benefits.

 

Eligible local road projects, under the Government’s fact sheet (Attachment 1), are listed as including any of the following associated with a road:

 

·        traffic signs;

·        traffic control equipment;

·        street lighting equipment;

·        a bridge or tunnel;

·        a facility off the road used by heavy vehicles in connection with travel on the road (for example, a rest area or weigh station);

·        facilities off the road that support the visitor economy; and

·        road and sidewalk maintenance, where additional to normal capital works schedules.

 

Eligible community infrastructure projects could include works involving:

 

·        Closed Circuit TV (CCTV);

·        bicycle and walking paths;

·        painting or improvements to community facilities;

·        repairing and replacing fencing;

·        improved accessibility of community facilities and areas;

·        landscaping improvements, such as tree planting and beautification of roundabouts;

·        picnic shelters or barbeque facilities at community parks;

·        playgrounds and skate parks (including all ability playgrounds);

·        noise and vibration mitigation measures; and

·        off-road car parks (such as those at sporting grounds or parks).

 

Key issues

 

Following internal consultation a number of potential project options were identified, including those which had recently been submitted as grant applications, as well as priority infrastructure renewal projects based on asset register classification, and Council strategic plans, such as Our Mullumbimby Masterplan 2019 and Bangalow Village Plan 2019.

 

1.       Brunswick Heads Memorial Hall Upgrade – Stage 2.

 

The kitchen is being upgraded, but Council has also sought funding for upgrading the toilets and widening the stage and providing disability access to it. Council applied for $94,048, matched with Council funding, to do this as part of the NSW Government’s Clubsgrants -Infrastructure Stream in March 2020 (the outcome is not yet known). This project has development consent.

 

2.       CCTV camera replacement in Jonson Street and Apex Park, Byron Bay

 

The existing CCTV cameras are approaching end of life (four years old) and there is no current funding source in the budget to undertake the replacement of the cameras.  There are 15 cameras with an estimated replacement cost of $165,000 (including contingency). The replacement of these cameras aligns with the recent installation of the Main Beach Car Park to ensure there is a continuous line of monitoring in the CBD which is available to Council and the Police. This project also strongly aligns with the LRCIP objective of providing community safety benefits. 

 

3.       Shared Path in Bangalow

 

The Bangalow Village Plan 2019 and the Byron Shire 10 Year Bike Plan 2020 (Bike Plan) identify a number of priority works.  The two shared path projects in the image below are an upgrade of an existing footpath on Byron Street to shared path standard BA001 $480,000; and a new shared path on Deacon Street BA 005 $320,000.  Total project cost including design and contingency is $891,000 with $430,000 which could be funded from the LRCIP and $461,000 from developer contributions.  These works are classified as “Priority A” in the Bike Plan (map below). 

 

Importantly the Deacon Street shared path provides access up to the main street in Bangalow, Byron Street, as well as being a connector to Bangalow Parklands and the recently grant funded refurbishment of Heritage House.

 

 

Map 1 Extract from the Bike Plan.

 

4.       Stuart Street Cycleways and Green Spine Mullumbimby

 

Infrastructure Services (IS) will be undertaking an asphalt overlay of the southern section of Stuart Street from Burringbar Street to Fern Street with a budget of $660,000. These works are planned to commence in October and are funded from the $25 million NSW Government Roads and Infrastructure Election Commitment. This project would value add to those works. The Our Mullumbimby Masterplan and Bike Plan identify works in Stuart Street.  MU007 is on-road separated cycle path (one-way) in each direction at an estimated cost of $262,200. The green spine from the Masterplan has not been costed or designed. An estimate based upon unit rates used by Dan Plummer yields $190,000 for the landscaping component. 

 

The total Project cost is $1,287,600 consisting of:

$100,000 design;

$600,000 road and drainage;

$262,000 cycleways;

$190,000 landscaping; and

$135,000 as a 30% contingency given the potential unknowns in the landscaping and cycleway design. 

 

This could be funded via:

$660,000 from the $25 million Election Commitment;

$300,000 LRCIP; and

$327,000 from s7.11 developer contributions.

 

 

Map 2 Extract from Our Mullumbimby Masterplan. 

 

Design work and community consultation will need to be undertaken on the specifics of the landscape design.  It is proposed to use developer contributions to undertake the design and consultation process for the whole of the green spine on Stuart Street and use grant funds and contributions for the construction.  There is an oppportunity to involve the community in implementation of the landscaping works.  There are risks associated with this project in terms of being able to deliver the whole project within the grant timeframe due to issues with drainage, parking and landscaping.  This risk can be mitigated by staging the project and delivering the grant funded component in the second half of the 2020/21 financial year.  Council funded works may need to be undertaken in 2021/22. 

Map 3 Extract from Byron Shire 10 Year Bike Plan 2020

 

 

5        Renewal of RSL Footpath Mullumbimby

 

The renewal of the footpath outside of the RSL in Daley Street, Mullumbimby has been a matter raised by the local community, and if replaced would cost approximately $40,000.

 

6.       Building Renewals as identified in the Building Asset Management Plan

 

The Council asset database was searched to identify Council assets rated “condition 5” meaning they are in urgent need of renewal works.  The list below identifies the community buildings requiring the most urgent attention. The costs are based on the treatment cost from the predictor model and these costs have not been quoted, but do include a 10% project management allowance:

 

·        Byron Bay Recreation Grounds Community Cottage (aka Girl Guides) $154,459.80

·        Mullumbimby Pine Avenue Sporting Fields Kiosk / Storage / Clubhouse $32,960.40

·        Federal Tennis Club Tennis Clubhouse / Storage $10,575.40

·        Mullumbimby Scout Hall - Community Land Scout Hall - Brick Storage Shed $6,776.00

 

Total project cost to renew the four assets is $204,771.60

 

7.       Upgrade to the Brunswick Heads Library

 

The refurbishment and upgrade to the Brunswick Heads Library was considered, but rejected as the cost to upgrade and refurbish was last projected at $966,479 in 2018.

 

Options

 

The selection criteria used to come up with the recommend projects in this report were:

 

1.       meeting the above Australian Government criteria; and

2.       capable of being completed using this grant fund and/or additional  developer contributions /grants;

3.       informed by, or link to, an existing strategic plan;

4.       value-adding to existing programed works or asset renewals;

5.       leveraged by developer contributions to get a more significant impact for the community; and

6.       the outcome of existing community consultation with respect to the inclusion of these projects in strategic plans. 

 

Option 1 is set out in the table below, and includes part of the Bangalow shared path project in order to provide a walking or cycling connection between Deacon Street and Byron Road. 

 

Option 1

 LRCIP

$25M NSW Government Roads and Infrastructure Election Commitment

Developer Contributions

Other Council

Total

Stuart Street Upgrade

$300,000

$660,000

$327,600

0

$1,287,600

Bangalow Deacon Street share path

$170,000

0

$215,000

0

$385,000

Byron Bay CCTV

$165,000

0

0

0

$165,000

Brunswick Heads Memorial Hall

$94,048

0

0

$94,048

$188,096

Total

$729,048

$660,000

$542,600

$94,048

$2,025,696

 

Option 2 could be used if Council is successful in obtaining funding under the Clubsgrant – Infrastructure Stream for the Brunswick Heads Memorial Hall upgrade.  This option also includes a reduced scope of works to undertake building asset renewal of the Girl Guides community cottage, which is consistent with Council’s Building Assets Management Plan. 

 

Option 2

 LRCIP

 $25M NSW Government Roads and Infrastructure Election Commitment

 Developer Contributions 

 Other Council 

 Total

Stuart Street Upgrade

$300,000

$660,000

$327,600

0

$1,287,600

Bangalow Deacon Street Share Path

$170,000

0

$215,000

0

$385,000

Byron Bay CCTV

$165,000

0

0

0

$165,000

Byron Bay Recreation Grounds Community Cottage (aka Girl Guides) Reduced Scope of Works

$95,000

0

0

0

$95,000

Total

$730,000

$660,000

$542,600

0

$1,932,600

 

 

Option 3 is set out in the table below and includes several building renewal works for Council assets identified as being in the poorest condition. 

 

Option 3

 LRCIP

$25M NSW Government Roads and Infrastructure Election Commitment

Developer Contributions

Other Council

Total

Stuart Street Upgrade

$300,000

$660,000

$327,600

0

$1,287,600

Bangalow Deacon Street shared path

$170,000

0

$215,000

0

$385,000

Byron Bay Recreation Grounds Community Cottage (Girl Guides) - Full Works

$154,460

0

0

0

$154,460

Federal Tennis Club Tennis Clubhouse -  Storage

$10,575

0

0

0

$10,575

Brunswick Heads Memorial Hall

$94,048

0

0

$94,048

$188,096

Total

$729,083

$660,000

$542,600

$94,048

$2,025,731

 

With the exception of Brunswick Heads Memorial Hall and the Byron Bay CCTV, each project will require further design, Part 4 or Part 5 approval, and/or some additional community consultation. Issues may arise from the design and approvals process that will impact upon Council’s ability to deliver these projects within the 12 month timeframe. 

 

Next steps

 

As funding is expected to be received in July 2020, Council is asked to consider the above options and determine how it would like to apply the funding.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 5: We have Infrastructure, Transport and Services which meet our expectations

5.5

Manage Council’s finances

5.5.1

Enhance the financial capability and

acumen of Council

5.5.1.2

Support the organisation in identifying financial

implications of projects, proposals and plans

 

Any projects selected by Council to apply the LRCIP funding towards will be included in the next revision of Council’s Operational Plan 2020-21.

 

 

 

Legal/Statutory/Policy Considerations

 

There are no statutory or legal implications with the funding of these projects. 

 

Financial Considerations

 

There are no adverse impacts on Council’s financial position as all of the projects are funded from grants, developer contributions or already budgeted for capital expenditure. 

 

Consultation and Engagement

 

The following Council staff were consulted in the preparation of identifying projects:

 

·        Executive Team;

·        Manager Open Spaces;

·        Manager Assets and Major Projects;

·        Manager Works;

·        Manager Social and Cultural Development;

·        Manager, Business Systems and Technology;

·        Asset Management Coordinator;

·        Infrastructure Planning Coordinator;

·        Place Liaison Officer; and

·        Major Projects Planner.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                        13.10

 

 

Report No. 13.10         Support for Byron Shire Front Line Community Service Providers

Directorate:                 Corporate and Community Services

Report Author:           Vanessa Adams, Director Corporate and Community Services

File No:                        I2020/917

                                       

 

 

Summary:

 

Byron Shire has a number of front line community service providers who deliver significant positive social impact.

 

The pandemic has seen these services struggle due to loss of income and inability of volunteers to remain engaged.

 

Council is asked to consider whether it wishes to offer support to these groups and organisations during this time.

 

  

 

RECOMMENDATION:

That Council uses its resources to initiate and support a Byron Shire crowd-funding campaign with and on behalf of its front-line community service providers

 

 

 

 

 


 

REPORT

 

Byron Shire has a number of front line community service providers who deliver significant positive social impact to our communities through the provision of material aid, financial support, food, counselling and emergency relief to vulnerable community members.

 

The pandemic has seen many services struggle due to loss of income and inability of volunteers to remain engaged.

 

In particular, a request has been received from the Byron Bay Community Centre for a one-off donation of $100,000 to help cover a drop in income due to COVID-19.

 

Council does not have this amount of unrestricted funding available due to the impact of COVID-19 on its operations. In addition, Council will already be starting the next financial year in deficit, also due to the impact of COVID-19. This is outlined under ‘Financial Considerations’ below.

 

Staff have therefore considered alternative solutions to providing support other than direct funding.

 

Key issues

 

If Council wishes to consider a financial donation it would need to resolve to redirect funding from a reserve. Council should note that its reserves are restricted for specific purposes and not intended for general use.

 

To ensure that any funding opportunity is equitable, it should be made available to all local front-line service providers as defined above.

 

Options

 

On this basis, it is strongly suggested that Council considers providing support in kind, through offering to initiate a crowd-funding campaign, led by interested Councillors and using in-house media expertise to assist its frontline service providers to highlight the work they do and the community benefit provided.

The second option is to use reserves. This is not recommended as Council’s reserves are held for specific purposes and diverting funding restricts the organisation’s ability to meet its obligations when they fall due.

A number of reserves have been identified as possible funding sources to create a total one-off amount of $100,000 as follows:

·        by reducing the unrestricted cash balance to $0 instead of using it to reduce the 20/21 starting deficit.  This provides $23,700.

·        using the Mayor’s Discretionary Fund (remaining balance for 19/20 of $1,600)

·        the balance taken predominantly from the Property Development Reserve ($54,700) with the final $20,000 from the Community Development reserve.

 

The funding opportunity would be opened for a two/three week period using a range of measureable criteria in relation to front line service provision on a similar basis as per the process for the existing Community Grant program.

 

 

 

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.4

Enhance community safety and amenity while respecting our shared values

2.4.2

Support community driven safety initiatives 

2.4.2.3

Support harm minimization initiative

 

 

Financial Considerations

 

There are a number of considerations for Councillors:

·        Council is ending the year with a financial deficit due to COVID-19. The impact of this has been minimised thanks to Council’s $1m unrestricted cash balance which has covered the $976,000 deficit.

·        Council will start the new financial year with a projected additional deficit of $376,000 The remaining $23,700 from the $1m cash balance above is intended to be used to reduce this deficit to $353,000.

·        Staff aim to start rebuilding Council’s unrestricted cash balance through the Quarterly Budget Reviews.

 

Consultation and Engagement

 

General Manager

Manager Finance

Manager Social and Cultural Planning

 

  


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.11

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 13.11         Sustainable Catering Policy 2020

Directorate:                 Sustainable Environment and Economy

Report Author:           Rachel Thatcher, Sustainability and Emissions Reduction Officer

File No:                        I2020/675

                                       

 

 

Summary:

 

In line with Council’s review of all policies, the Ethical Catering Policy 2010 has been reviewed and updated. This report proposes that it be replaced with the draft Sustainable Catering Policy 2020 (Attachment 1), pending public exhibition and Council endorsement.

 

The existing Ethical Catering Policy was created in 2010 for internal catering and focused largely on giving preference to local, organic produce and products. Since the adoption of the Net Zero Emissions for Council Operations Strategy and the Integrated Waste Management Strategy (2019), it’s been recommended by staff that additional guidance on the avoidance of single-use plastic and other unsustainable packaging was needed in line with these Strategies. It was also recommended that the name of the catering Policy be changed to Sustainable Catering Policy  to accurately reflect the updated contents.

 

This report seeks Council’s endorsement of the draft Sustainable Catering Policy 2020 for public exhibition.

 

 

  

 

RECOMMENDATION:

1.       That Council publicly exhibits the draft Sustainable Catering Policy 2020 (Attachment 1 #E2020/31339) for a period of 28 days.

 

2.       That any submissions received on the draft Sustainable Catering Policy 2020 be reported to Council for consideration, prior to the adoption of the draft Policy; and if no submissions are received, Council adopts the policy.

 

 

Attachments:

 

1        DRAFT Sustainable Catering Policy PDF, E2020/31339  

 

 


 

REPORT

 

Policy background:

 

At the 29 May 2019 Executive Team meeting, the Executive Team recommended that the Ethical Catering Policy (2010) be updated to a Sustainable Catering Policy and that a review its contents be undertaken to include up-to-date standards on sustainable packaging, waste minimisation, and emissions reductions for internal catering at Council.

 

These updates align with the Net Zero Emissions Strategy for Council Operations 2025 and the Integrated Waste Management and Resource Recovery Strategy 2019-2029. The Policy also aims to integrate sustainable and ethical procurement to support local agriculture and businesses, and promote fair and inclusive trading within the Byron Shire community.

 

Policy feedback and key updates:

 

As part of the review process, relevant staff were consulted and asked to provide feedback at the time of the proposed changes in May 2019, and again during the draft stages of updating the Sustainable Catering Policy. The main changes made to the Policy include the following:

·        Updating the name and format of the Policy from Ethical Catering Policy to Sustainable Catering Policy;

·        New glossary to include up-to-date and relevant key terminology;

·        Introduction of waste minimisation and packaging guidelines in alignment with the Integrated Waste Management and Resource Recovery Strategy and the Net Zero Emissions Strategy for Council Operations;

·        Emphasis on high quality, local, sustainably-grown produce and inclusivity regarding dietary requirements.

 

Other feedback from staff suggested that the existing Catering Register needed updating, and should no longer be used as a mandatory list of approved caterers given the varying needs of some catered events. As such, the Register will still be available, but for guidance purposes only.

 

Following the adoption of the Sustainable Catering Policy 2020, the Register will be reviewed to include new catering businesses should they meet the updated criteria, including relevant social enterprises as also suggested by staff.

 

To review the updated draft Sustainable Catering Policy 2020, please see Attachment 1.

 

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  

3.2.1

Work towards Council's zero-emissions  target

3.2.1.4

Develop and implement Sustainable Catering and Sustainable Purchasing Standards for Council

 

Legal/Statutory/Policy Considerations

 

The draft Sustainable Catering Policy 2020 has been updated to align with several new and existing Council Policies. These consist of the following:

·    Byron Shire Net Zero Emissions Strategy for Council Operations 2025 (2019)

·    Byron Shire Integrated Waste Management and Resource Recovery Strategy (2019)

·    Byron Shire Procurement and Purchasing Policy (2017)

·    Byron Shire Corporate Sustainability Policy (2012)

·    Byron Shire Greenhouse Strategy (2008)

·    Byron Shire Sustainable Agriculture Strategy (2004)

·    Interim Policy on Genetically Modified Agriculture in Byron Shire (2001)

 

There are no other legal or statutory considerations relevant to this Policy update. 

 

Financial Considerations

 

There are no financial considerations for the implementation of the Sustainable Catering Policy.

 

Consultation and Engagement

 

Consultation on the revised Policy will occur as discussed in the report.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.12

 

 

Report No. 13.12         Draft CMP Stage 1 Scoping Study for Cape Byron to South Golden Beach - outcomes of public comment and agency review

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinator

File No:                        I2019/2041

                                       

 

 

Summary:

 

In September 2018 Council was successful in obtaining 50% funding through the Coastal and Estuary Grants Program (Department of Planning, Industry and Environment – former Office of Environment and Heritage) to prepare a Scoping Study for the Byron Shire Coastline from Cape Byron to South Golden Beach (Scoping Study). 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.

 

A CMP aims to provide a long-term, coordinated strategy for management of the coastal zone.

 

Council at the 21 November 2019 meeting, resolved (Res 19-560) to upload the draft CMP Stage 1 Scoping Study for Cape Byron to South Golden Beach for public comment (extended to 3 February 2020).

 

The draft was also sent to key stakeholders and state agencies for their review and comment. Agencies with a role or responsibility associated with recommended actions in the Forward Plan were requested to provide formal support and clarification of their role and/or responsibility.

 

A report was prepared to Council at the 20 February 2020 meeting updating Councillors on the outcomes of public comment and key stakeholder and state agency review.

 

At this time Council had not received comments from the Department of Planning, Industry and Environment – Energy, Environment and Science (DPIE-EES) and noted that once the department’s detailed assessment was received a further report would be tabled to the next available Council meeting for adoption. (Res 20-007).         

 

Assessment comments have now been received by DPIE-EES.

 

DPIE–EES administer the Coastal Management Act 2016, and provide technical advice to councils preparing CMPs, in line with the Act and Manual. DPIE-EES have assessed the Scoping Study and the proposed recommended changes have been incorporated into the finalised Scoping Study.

 

This report provides:

·        A recap of the CMP process and delivery of the project to date.

·        An outline of the agency and community submission comments received during the period of public comment (Tables 2 & 4) and staff’s response. Submissions received by the community and agencies/land managers during the period of public comment are provided in Attachments 1 & 3. 

·        An outline of the assessment completed by DPIE-EES and staff’s response/recommended changes (Table 3).

Amendments have been made to the draft Scoping Study incorporating the recommended changes as outlined in Table 2, 3 and 4 of this report.

 

The final amended version of the Scoping Study is presented in Attachment 4 for Council adoption at this meeting.

 

  

 

RECOMMENDATION:

That Council:

1.       Note the submissions received during the public comment period and agency feedback on Stage 1 Cape Byron to South Golden Beach Scoping Study.

2.       Adopt the finalised Stage 1 Cape Byron to South Golden Beach Scoping Study (Attachment 4) incorporating the amendments outlined in tables 2, 3 and 4 of the report.

3.       Consider an allocation of $70,000 through the FY2020/21 budget process to enable the project to continue to Stage 2 of the Coastal Management Program process.

 

 

Attachments:

 

1        Combined agency submissions - CMP Stage 1 - Scoping Study Cape Byron to South Golden Beach, E2020/40216  

2        DPIE EES Assessment - CMP Scoping Study for Cape Byron to South Golden Beach, E2020/38995  

3        Confidential - Combined community submissions - CMP Stage 1 - Scoping Study Cape Byron to South Golden Beach, E2020/40217  

4        CMP Scoping Study for Cape Byron to South Golden Beach - Final - June 2020, E2020/40736  

 

 


 

REPORT

 

Background

 

A CMP aims to provide a long-term, coordinated strategy for management of the coastal zone. Coastal councils are required to lead the development of CMPs through coordination with state agencies and key stakeholders and prepare them in accordance with legislative requirements and a five-staged process (Figure 1).

 

Figure 1: Five-staged process for developing a CMP (adapted from the Coastal Management Manual; NSW Govt, 2018)

 

The Water and Environment Group of BMT WBM Australia developed the Scoping Study supported by sub-consultant Elton Consulting for stakeholder activities. The Scoping Study is the first Scoping Study to be undertaken by Council under the new NSW Coastal Management Framework. 

 

Study Area

 

The project primarily focusses on the open coastline and coastal hazards, and areas of concern where property and/or infrastructure are at risk. The study area for this CMP includes open beaches, foreshores and coastal waters from Cape Byron to the Shire boundary north of South Golden Beach. The landward extent of the study area extends inland to the predicted maximum year 2100 coastal hazard as previously assessed by Council (BMT WBM, 2013) while the oceanic extent stretches to 3 nautical miles offshore.  The study area includes most of the open beaches in the Shire, and regions that have proven both complex and challenging for coastal management over an extended period of time. 

 

The study area excludes the catchments of Belongil and the Brunswick River estuaries but includes entrances insomuch as they influence the condition and future management of the open coast.

 

Generally, the study area can be thought of as having high to very high environmental, social and cultural values tied to its extensive local and tourist usage for a variety of recreational, commercial and cultural activities.  The values and use of the study area support local tourism which has been seen to increase markedly over the past few years. The study area also has an overlay of complex coastal processes where current day coastal hazards have been extensively investigated in the past. Coastal hazards are exacerbated in the future associated with the effects of climate change, and other key drivers of change may relate to increased use of the coast if its popularity for living and recreating continue to increase.

 

Study Components

 

The Vision established for coastal management of the Cape Byron to South Golden Beach section is to:

 

“Adequately resource and fund management of the iconic and internationally recognised Byron coastline to conserve and promote its inherent natural values.

 

These inherent values underpin the coasts enviable cultural, amenity, recreational use, local and tourism values and they will be kept central in the development of future management approaches.

 

Future management approaches will address existing and emerging threats such as climate change through planning for a resilient coastline that is prepared to address multiple challenges in a flexible and adaptive manner; including consideration of novel funding approaches.”

 

A review of available literature for this section of the coast along with targeted community consultation and engagement activities were able to identify relevant values of the coast and issues or threats that exist and may compromise or reduce these values over time. 

 

Adopted values for the study area include:

 

·        Natural character and geodiversity

·        Biodiversity and ecosystem integrity

·        Clean waters

·        Accessibility and safety

·        Amenity and recreation

·        Socialisation and participation

·        Heritage and cultural

·        Education / scientific

·        Tourism

·        Fishing

 

Adopted threats include:

 

·        Beach erosion;

·        Shoreline recession;

·        Coastal inundation: wave run up and overtopping;

·        Coastal entrance instability;

·        Dune slope instability;

·        Coastal cliff instability;

·        Loss of amenity due to conflicts between user groups on the beach and foreshore;

·        Loss of amenity and habitat disturbance due to increasing use, overuse, and overcrowding at the beach and associated infrastructure and facilities;

·        Loss of amenity due to poorly located, poorly maintained or inappropriate beach access and supporting facilities;

·        Antisocial behaviour and unsafe practices (e.g. partying, fires on the beach);

·        Adverse social or environmental impacts resulting from passive recreational use, swimming, surfing and dog walking;

·        Adverse social or environmental impacts resulting from recreational boating and fishing;

·        Loss of plant and animal species (habitat disturbance or loss) due to coastal development;

·        Reduced water quality in ocean due to run off from coastal development (new and old);

·        Coastal development encroaching onto natural coastal processes to exacerbate hazard impacts;

·        Impacts resulting from a lack of compliance with regulations or lack of compliance effort by Council;

·        Impacts resulting from an insufficient community awareness of the values and threats to the coastal environment, and lack of engagement with managing this environment; and

·        Insufficient or inappropriate governance and management of the coastal environment.

 

To better understand the severity of known threats in the study area, at present and in the future a ‘first-pass risk assessment’ (FPRA) process was applied. For each threat the FPRA identified a current, future and overall risk rating that took into consideration current management arrangements and their adequacy to manage the threats. 

 

To provide directive going forward for later CMP stages, key knowledge gaps were identified along with recommended studies. 

 

The Forward Plan identifies a future Governance Arrangement that will engage Council, relevant State Agencies and stakeholders in the implementation and coordination of coastal management activities associated with the CMP.  Additionally, the Forward Plan provides costed actions, timelines and responsibilities for completion of Stages 2 to 5 of the CMP.

 

The total cost of preparing the CMPs is estimated to be between $360,000 and $705,000, with the next stage of the CMP expected to cost between $95,000 and $190,000.  The range provides for uncertainty in the costs of certain activities as recommended in the forward program.  Council as the lead agency has the ability to apply for a variety of grants to assist with the cost of implementation, however, this funding applies to the costs of external engagements for completing technical and planning studies, but generally do not apply to Council’s internal costs in funding and conducting these studies.

 

Project Delivery

 

Key project milestones and dates are outlined in Table 1 below.

 

Table 1: Key project milestones and completion dates

Project Milestones

Dates

Project Kick-off - complete

Aug 2018

Engagement activities with the broader community - complete

Oct/Nov 2018

Targeted First-Pass Risk Assessment Workshop with Key Stakeholders - complete

Feb 2019

Development of draft Scoping Study report including a draft Stakeholder and Community Engagement Strategy - complete

Dec - May 2019

Draft report delivered to Council - complete

May 2019

DPIE Regional Staff First-Pass Assessment of the draft Scoping Study report - complete

Jul/Aug/Sep 2019

Presentation of the draft Scoping Study report to Councillors at the Strategic Planning Workshop for preliminary comment - complete

1 Aug 2019

Presentation of the draft Scoping Study report to the Coast and Estuary Catchment Panel for preliminary comment - complete

8 Aug 2019

Preliminary discussions on the draft Scoping Study report with key agency staff - complete

Oct 2019

Report to Council for the draft Scoping Study report to go for public comment and more detailed agency review and endorsement - complete

21 Nov 2019

Public comments received (3 Feb 2020) - complete

Feb 2020

State agency comments received - complete

Apr 2020

DPIE detailed assessment received - complete

May 2020

Report to Council - Final Scoping Study for adoption – this report

Jun 2020

Commence Stage 2 of CMP process (pending Council endorsement of Stage 1 and funding)

Aug 2020

 

Public comment on the draft Scoping Study

 

Council at the 21 November 2019 meeting, resolved (Res 19-560) (relevant parts only):

 

·    That Council upload the draft CMP Stage 1 Scoping Study for Cape Byron to South Golden Beach for public comment to 10 January 2020.

 

·    That Council send the draft CMP Stage 1 Scoping Study for Cape Byron to South Golden Beach to key stakeholders and state agencies for their review and comment. Agencies with a role or responsibility associated with recommended actions/studies/components in the Forward Plan are requested to provide formal support and clarification of their role and/or responsibility.

 

The draft was sent to key stakeholders and state agencies for their review and comment. Agencies with a role or responsibility associated with recommended actions in the Forward Plan were requested to provide formal support and clarification of their role and/or responsibility.

 

Subsequent to this resolution the public comment period was extended to 3 February 2020.

 

A report was prepared to Council at the 20 February 2020 meeting updating Councillors on the outcomes of public comment and key stakeholder and state agency review. At this time Council had not yet received comments from the Department of Planning, Industry and Environment – Energy, Environment and Science (DPIE-EES) and noted that once the department’s detailed assessment was received a further report will be tabled at the next available Council meeting (Res 20-007). Assessment comments have now been received by DPIE-EES.    

 

Submissions from public authorities/land managers

 

Submissions were received from the following state agencies and land managers:

 

·        NSW National Parks

·        Department of Primary Industries – Fisheries and & Marine Parks

·        Department of Planning, Industry and Environment – Crown Lands

·        Reflections Holiday (Crown Land Manager)

 

Feedback from public authorities/land managers was general in nature and primarily consisted of minor editorial comments (word and figure amendments), and further articulation/description or clarification of sections of the Scoping Study such as agency roles and responsibilities in the Forward Plan.

 

Copies of submissions received from public authorities/land managers are provided in Attachment 1 of this report. Table 2 below lists the key comments received from public agencies/land managers and staff’s response and recommendation, noting that some comments have been re-worded and shortened for this report. The more minor or editorial in nature comments are not included in this report.

 

Table 2 – Key comments outlined in submissions from public agencies/land managers

Agency/Manager

Submission Comment

Staff Response & Amendments

NSW National Parks

Coastal vulnerability (CV) SEPP mapping

 

NPWS was unaware that there was an option regarding CM SEPP mapping – excluding or including coverage of reserves subject to hazards. Where there is a choice relating to the application of CM SEPP CV mapping, NPWS would like further information on the implications of inclusion.

Noted.

 

It is noted in the Forward Plan that first the CV SEPP area (mapping) needs to be developed and then this will be used to support a Planning Proposal at a later stage of CMP preparation (if selected for preparation).

 

It is assumed that discussions can occur at a later date (i.e. Stage 3) as to whether NPWS would like their land included in CV SEPP mapping.

NSW National Parks

Forward plan - Tables 6.2 & 6.3

 

NPWS has indicated where it is interested in a partner role, supporting or no role for actions in the Forward Plan (Table 6.2) and table 6.3.

Amendments made as per NPWS request.

NSW National Parks

Funding

 

NPWS has limited resources and is not able to fund additional hazard work and other work as suggested in the scoping study.

 

NPWS will however be very keen on engaging in the development of the CMP and potentially being a support agency on any proposed actions relating to flora, fauna, access, cultural heritage, asset management etc.

Amendments made to the Forward Plan indicating NPWS’s role for actions.

 

(Refer above comment)

 

 

DPI – Fisheries and  Marine Parks

Current management arrangements

 

Scoping Study should include discussion of preferred options for the management of priority risks, interim coastal protection works and the planning approvals pathway.

Amendments made as per DPI-Fisheries request.

 

Section 3.6.2.3 – Coastal Management Strategies now includes more information on the main management strategies implemented within the study area.

Evaluation of management options are undertaken during Stage 3 of the CMP process and approvals pathways will be outlined then.

 

DPI – Fisheries and  Marine Parks

Values

 

Many stakeholders would consider the CBMP as a key value of the study area and any impacts to the Marine Park as a threat.

 

Noted - no change.

 

The CBMP could be considered a 'value' however the CBMP is intrinsically aligned with the adopted values of the SS. If we put CBMP down as a 'value' we should also list all National Parks/Reserves as 'values'.

DPI – Fisheries and  Marine Parks

Economic context

 

The importance of the study area as a ‘destination driver’ is acknowledged as is the need to protect the coastal zone from overuse. Consequently, consideration should be given for the CMP to identify ‘carrying capacities’ for some events such as festivals.  This would assist with managing some of the social pressures that are currently on areas within the study area as well as the expectations of proponents.

Amendments made as per DPI-Fisheries request.

 

Further detail added to Table 6-3 Recommended Study ‘Economic valuation of the coastal zone based upon the combined social, environmental and economic benefits of/from the asset’.


DPI – Fisheries and  Marine Parks

Table 6.3 – Recommended study ‘Evidence based research on the potential effects of various recreational uses on wildlife and habitats in coastal areas, and how to manage the impacts sympathetically’

 

DPI Fisheries' involvement and partial funding of this study would be reliant upon the extent of fishing/fishery-related activities forming part of the study as well as DPI Fisheries successfully accessing additional external funding.

 

A specific agency should be listed here, instead of the Authority (MEMA).

Amendments made as per DPI-Fisheries request.

 

DPI Fisheries now Support Agency and MEMA removed.

DPIE – Crown Lands

Local Level Plans and Reflections Holiday (Section 3.3.4)

 

The Crown land management arrangements for Reflections Holiday Parks should be clarified, including addition on each of the Plans of Management (PoMs) relevant to the study area.

Amendments made as per DPIE – Crown Lands request.

 

Further clarification to better outline Reflections role as Crown Land Manager. 

DPIE – Crown Lands

Local Level Plans and Crown Land (Section 3.3.4)

 

It is unclear as to whether this part of the draft scoping study is the best place to discuss the extent and significance of Crown land within the study area, i.e. under ‘Local Level Plans’, especially considering that the section on ‘Crown Lands’ does not discuss any Plans of Management that may apply to Crown land in the study area.

Council does manage and is the appointed manager of a number of Crown ‘reserves’ and this section needs to be clarified.

Amendments made as per DPIE – Crown Lands request.

 

A new Section 3.3.5 - Reserves and Plans of Management has been added to outline PoMs for National Park estate and Crown Land reserves. This section further clarifies the various crown land managers and arrangements within the study area. 

DPIE – Crown Lands

Coastal Management Strategies (Section 3.5.2.3)

 

The reality of numerous, albeit ad hoc and/or interim coastal protection works at Belongil Beach and within the study area (including the Brunswick Heads Training Walls) warrant further discussion.  

Amendments made as per DPIE – Crown Lands request.

 

Section 3.6.2.3 – Coastal Management Strategies now includes more information on the main management strategies implemented within the study area but also a description of the various rock protection works constructed privately but also by Council.

DPIE – Crown Lands

Governance Context (Section 3.6)

 

The current land ownership within the study area is comprised of a complex mixture of private freehold land, Crown land licences, Crown land reserves, conservation areas, nature reserves, marine parks, and road and rail reserves.

 

The text and categories used to denote land ownership are confusing and inconsistent.

Amendments made as per DPIE – Crown Lands request.

 

Land tenure arrangements (and associated figures) have been relabelled correctly.  

DPIE – Crown Lands

Key Risks of Not Preparing the CMP (Section 5.3.1)

 

The risks outlined in this section focus on managing future risks, and do not reflect on current risks. The analysis would be improved if the risks of continuing with the status quo were incorporated (i.e. with current ad hoc approach).

 

These risks should be incorporated into this section as they are a key driver for taking a strategic approach, as opposed to an ad hoc approach, to managing coastal hazards through the development and implementation of a CMP.

 

Amendments made as per DPIE – Crown Lands request.

 

This section has been revised reflecting on current as well as future risks.

DPIE – Crown Lands

Funding Opportunities (Section 5.4.3)

 

The NSW state government is committed to managing the coastal environment and marine estate of NSW.

 

Consider revising this broad statement as it may over- simplify management. 

Deleted sentence.

 

The section is about funding not management.

DPIE – Crown Lands

Forward plan - Tables 6.2 (S2.01 & S2.02) & Table 6.3

 

Crown Lands would be unlikely to play a lead or supporting role for these actions.

Amendments made as per DPIE – Crown Lands request.

 

Apart from Item S2.02. Crown Lands has remained in a supporting role for S2.02 due to being land owner for some of the coastline.

 

DPIE – Crown Lands

Table 6.3 – Recommended study ‘Condition assessment of Brunswick Entrance Breakwaters considering current and future performance’. 

 

DPIE-Crown Lands has a process in place for monitoring the condition of entrance breakwaters.

 

It is recommended that if the action remains, it be amended to a study on the impact of future climate change projections (sea level rise) on the performance of the Brunswick Entrance Breakwaters.

Amendments made as per DPIE – Crown Lands request.

 

Reflections Holiday

Objectives (Section 2.4.3)

 

We believe an objective of the CMP should be protecting current government and private land, and corresponding infrastructure, from loss to sea, whilst maintaining coastal amenity (or similar).

Noted - no change.

 

In accordance with the NSW Coastal Manual which prescribes the requirements for developing a CMP, the Objectives need to be consistent with the 13 objects of the Coastal Management Act, 2016; consistent with the management objectives of the SEPP; in alignment with the Community Strategic Plan; realistic and measureable.

 

It is not appropriate at this stage of the CMP process to pre-determine the outcome of the CMP.

 

There will be further opportunities for input at a later stage (i.e. Stage 3) when management options are considered.

Reflections Holiday

Wave Run Up (Table 3.3.)

 

Include details on Clarkes Beach as different to performance of Main Beach.

Noted - no change.

 

Specific Wave Run-Up values for Clarkes Beach are not included in table 3.3 (refer 4-3 page 109 of the Hazard Study). It could be assumed that run-up levels at Clarkes would be less that those at Main Beach due to being in the lee of Cape Byron and protected. However, this would need to be confirmed by a coastal engineer which is outside the scope of this Scoping Study.

Reflections Holiday

Tourism and visitation (Section 3.7.2)

 

This section is missing commentary on the contribution of Holiday Parks to the tourism economy. This section of report states that financial contribution unclear. We can provide information from Caravan and Camping Association of Australia that has done detailed modelling of economic value add. We know that for every $1 spent in overnight stays at our parks, there is a corresponding $1.38 direct local spend from guests. There is a further $1.96 value add to economy through employment or staff and services at the Park.

Holiday Parks are also a large part of solution to illegal camping issues which are large in Byron Bay area. These benefits, and others, should be included to support the inclusion a CMP objective of protecting socially and economically important land being lost to the sea.

Noted - no change (information has been requested but not yet received). 

 

Contribution of Holiday Parks to tourism may be added at a later date once reports/information is received.

 

Disagree with statement regarding illegal camping as It would appear that people who illegally camp would not have the funds to pay for private campgrounds.

Reflections Holiday

Risk Assessment (Section 4)

 

No identified mention of studies into Sand Transfer / Pumping solution between Tallows Beach and Clarkes Beach which has been discussed between DPIE stakeholders as a possible medium to long term solution to erosion.

Noted - no change.

 

Out of scope - any discussion regarding management options such as sand transfer will happen during Stage 3 of the CMP process.

 

 

Assessment by the Department of Planning, Industry and Environment – Environment, Energy and Science (DPIE-EES)

 

DPIE–EES administer the Coastal Management Act 2016 (Act), and provide technical advice to Councils preparing CMPs, in line with the Act and NSW Coastal Management Manual.

 

DPIE-EES have assessed the Scoping Study with the assessment provided in Attachment 2 of this report.  Table 3 below lists the key comments received from DPIE-EES and staff’s response and recommendation, noting that some comments have been re-worded and shortened for this report.

 

Table 3 – Key comments outlined in the assessment by DPIE-EES

Comment

Staff Response & Amendments

Section 3.6.2 – Legal Context

Legal issues including court cases and settlements should be better acknowledged as needing assessment with regard their potential impact on the viability or feasibility of relevant management options that will be assessed in Stage 3 of the CMP development process.

Noted. Expanded Legal Context & background section 3.5.2 and an Action in the Forward Plan as a Stage 2 investigation.

 

Reference to legal proceedings including but not limited to the Supreme Court Proceedings 2016 and Court Orders and other development and appeals for repair works to existing ad hoc coastal protection works has been inserted.

 

An assessment with regard to the implications of the seawalls protected by the Court Orders and (approved) repair applications to understand the potential impact on the viability or feasibility of relevant management options for a long-term strategy at Belongil is acknowledged.  The outcomes of cases and settlements is acknowledged as requiring an assessment to be considered at Stage 3 of the CMP process.   

Location and integrity of coastal protection works (if available)

The Manfred Street Interim protection works have not been described, nor have the 2001 interim geobag walls installed at Border, Don St. These structures are relevant to management of the coastal area and should be acknowledged.

Amendments made as per DPIE – EES comment.

 

Section 3.6.2.3 – Coastal Management Strategies now describes the various coastal management strategies that have been undertaken within the study area to manage coastal hazards and the risks (i.e. coastal protection works at Wategos & Main Beach, beach scraping at New Brighton, dune revegetation, Council’s IBAS at Manfred/Don/Border St, and private coastal protection works at Belongil beach). 

Provides rationale for selecting the proposed CMP area is appropriate and whether it applies to all or part of the coastal zone

Amendments made as per DPIE – EES comment.

Added more justification to Section 1.4 and 2.2 to provide more information on the selected area and the approach behind the process to develop CMP’s for the whole Byron Shire coastal zone.

The document doesn't nominate a lead applicant for CMP development

Amendments made as per DPIE – EES comment.

The Forward Plan has been amended to allocate Lead and Support Agencies for each action.

Support from relevant public authorities for the process proposed

What is the status of state agency agreeance to be a part of the relevant proposed studies and activities in preparing a CMP?

Amendments made as per DPIE – EES comment.

All agencies with a role/responsibility in the Forward Plan were contacted and have responded. All requests have been accommodated in the Forward Plan and roles/responsibility for actions has been confirmed.

Purpose

The purpose should be clear

Amendments made as per DPIE – EES comment.

Added extra wording to Section 2.4.1 to clarify the purpose and make clear for the community and stakeholders why we are developing a CMP. 

Planning Timeframes

The recommended planning timeframe for the CMP should be now, 20, 50, and 100 years (and beyond if Council deems appropriate) in accordance with Mandatory Requirement 2 in the Coastal Management Manual.

Amendments made as per DPIE – EES comment and recommended changes.

Planning timeframes have been amended to prepare the CMP in accordance with Mandatory Requirement 2.

Coastal management arrangements and effectiveness

This whole section provides an overview of coastal management context in the Byron Shire including strategies; plans; legislation and policy; environmental, social, cultural, and economic context and values.
When reading the section, it becomes apparent that while all of these relevant subjects are being described, there is no accompanying critical analysis of the ‘effectiveness’ of the subject in managing the identified issues and threats, or the vulnerabilities and opportunities associated with each. While this may not be inappropriate, it is considered relevant.

Amendments made as per DPIE – EES comment and recommended changes.

Critical analysis of the effectiveness of strategies may be considered relevant to understand the management context, issues, vulnerabilities and opportunities; however it appears to be out of scope of this first stage in the CMP process. There is value in assessment of the ‘effectiveness’ of strategies and an analysis has been added as an action in the Forward Plan (S2.07).  A high level and brief discussion about learnings and how the coast is being managed has been added to the report.

 

Section 3.3.4 – Local Level Plans

It would be appropriate to describe the Byron Development Control Plan and its relevance to coastal management in some more detail.

The Emergency Action Subplan might be relevant here also. Although not part of a certified CZMP, if the EASP guides Council’s management of coastal erosion events it should be acknowledged.

Amendments made as per DPIE – EES comment and recommended changes.

Section 3.6.2.3 now outlines the planning and development controls (LEP/DCP) and the Emergency Action Sub Plan (EASP).

 

Section 3.5 – Environmental Context

 

The scoping study should describe how coastal wetlands and littoral rainforest is managed across the study area. Is this adequate; are there associated vulnerabilities or opportunities? This would help introduce and contextualise the relevant information in the first pass risk assessment (Issue I3).

 

Amendments made as per DPIE – EES comment and recommended changes.

Added sentence to Section 3.5 regarding wetlands and littoral rainforest within the study area which is mostly associated with declared natural areas (Parks/reserves). 

Section 3.5.2.3 – Coastal Management Strategies

 

Management Strategy 1 describes coastal protection works. The following should also be included: Manfred St works; temporary geobags at Byron Surf Club, Border and Don St; Brunswick Heads break waters.

 

It would be appropriate to provide some more information on coastal management activities 4, 5 and 6, and including the Clarkes Beach Stormwater gully rehabilitation project, Main beach lagoon management, Belongil Estuary entrance management, ranger activities (illegal camping, dogs, parties, etc), coastal amenity infrastructure installation and maintenance program. Descriptions need only be brief but will help to set the context of Councils current coastal management activities.

 

Amendments made as per DPIE – EES comment and recommended changes.

Section 3.6.2.3 now describes all the current coastal management strategies within the study area including entrance activities and lagoon management.

 

 

Section 4.4.2 – Threats to Byron Coastline

 

Funding and resource constraints are considered a key management issue and might be considered a threat to the ongoing and improved management of the subject CMP area (as they are for the remainder of the Shires coastal zone). This threat could be included in Table 4-1.

 

Amendments made as per DPIE – EES comment and recommended changes.

More detail on the threat of funding has been added to the report with a ‘Willingness to Pay’ investigation as part of community engagement in Stage.

 

Section 4.6, Table 4-3 – First Pass Risk Assessment

 

Issue 1

 

Hazard Study Update – Stage 2 study should include the changes as outlined in the DPIE-EES Review Submission.

Amendments made as per DPIE – EES comment and recommended changes.

Hazard Study to be updated using probabilistic modelling and Shire-wide approach.

Section 4.6, Table 4-3 – First Pass Risk Assessment

 

Issue 2

 

T7 - Resource constraints (compliance officers, etc) are a key issue with regard loss of amenity and conflicts between user groups and should be acknowledged here.

 

Another key issue is homelessness and competition for space. Will the CMP attempt to deal with homelessness and/or illegal camping on the coastal fringe, is there a body of policy development work that needs to be done to manage this rapidly increasing issue?

Amendments made as per DPIE – EES comment and recommended changes.

Added resource constraints to T7 in FPRA.

 

It appears that homelessness and illegal camping are two separate issues. Homelessness as an issue sits with ‘Corporate and Community Services’.

 

FPRA does mention illegal camping within Recreational and amenity management issues (Threat 7 &8). Illegal camping added to ‘Shire-Wide Policy’ in recommended studies Table 6-3.

 

Submissions from the community

 

Submissions were received from five (5) community members and one (1) community association.

Copies of submissions received are provided in Attachment 3 of this report. Table 4 below outlines the key comments from community submissions and staff response/recommendation.

 

Table 4 – Key comments from submissions from the community

Key Comments

Staff Response & Recommend Changes

Sand Mining Activities

 

More information and discussion regarding sand mining in the study area should be included. Past sand mining activities have had an impact on the back beach and dune areas.

 

 

Noted - no change (need further information).

 

Historical aerial photography indicates that in 1947 and earlier, a broad zone of bare dunes existed behind the Clarkes Beach area for a width of about 600m and a distance inland of about 300m. Historical ground photography of around 1920 also shows significant volumes of wind-blown sand in this area. Dune vegetation and fencing effectively reduced this drift over the years and the area was stabilised and sold as individual building blocks in the early 1970’s. Fencing and dune planting has been used to stabilise the sand, encourage the growth of the foredune.

 

Other dune areas of the Shire affected by sand mining have been stabilised with vegetation. Past sand mining has led to reduction in the sand dune barrier. However, substantial dune care work has enhanced the ability of the dunes to accommodate storm erosion and minimised the potential for wind erosion through stabilisation and revegetation of dunes.

 

Agree that there could have been some loss of sand and damage to indurated sand layers (very likely).  It may be perhaps partially relevant to current condition, particularly loss of coffee rock, but unlikely to have had a lasting effect such as from a rock wall. Past sand mining does not appear to be considered in sediment budgets in current practices. It would be possible to include a short description of this and this could be done at a later date once reports have been located. 

Littoral Drift

 

The break walls on the Richmond River cause erosion in Byron Shire.

Noted - no change.

 

The Hazard Study Assessment for the Byron Shire Coastline does mention the Richmond River and the effect of the training walls having minor effects at Tallow Beach over 50-100 years. Patterson (2009) considered that the walls may begin to affect Tallow Beach within 2050 and 2010 planning timeframes. In view of the effects the Study adopted 'maximum' recession rates as 'best' estimates increased by 50%.

The CMP Scoping Study for the southern coastline (Cape Byron to Broken Head) may reconsider these rates, in parallel with updating the Hazard Assessment to include probabilistic modelling a more current assessment methodology for coastal hazard assessment.

Seawalls at Belongil

 

The Main Beach Seawall (JSPW) has attributed to erosion at Belongil Beach and private property owners should be permitted to create rock wall protection works to protect their properties.

Noted - no change.

 

Refer comment below (JSPW).

 

Comment relates to Stage 3 of the CMP process. During Stage 3 is when management options will be discussed and proposed for Belongil Spit. 

Study Area

 

Limiting of the Study Area to extents identified by BMT in 2013 could lead to incorrect assessment of say damages due to storms.

 

Noted - no change.

 

The CMP focusses on the open coast areas only and the open coastal hazards of erosion, recession etc. As such it excludes estuary tidal inundation, interaction with floods and associated damages. The CMP focusses on the portion of the coastline with the most complex and challenging management issues, and as such has been prioritised.

 

 Refer Section 1.4 for more detail on the study area and Section 2.2 for more detail on proposed format of CMP coverage.

Business Case and SLR

 

Business case should have a long-term perspective. 

 

Noted - no change.

 

Refer Section 2.4.4. Planning Timeframes and Section 5 Business Case.

Planning timeframes for the CMP are as per the Coastal Management Manual which asks Council's to consider planning timeframes and pathways from current, 20, 50 and 100 years and beyond (where appropriate). This CMP will use the recommended planning timeframes of the Manual reflecting the 20, 50 and 100 year timeframes.

Vision

 

The Vision presented is a blur of innuendo and implication. It is purposefully vague probably in an attempt to satisfy all parties without committing to any.

Noted - no change.

 

The Vision was crafted based on multiple engagement activities and consultation.  It is deliberately broad and multifaceted and aims not to focus on issues.

Compliance

 

CMP Scoping Study is not compliant with the Coastal Management Act 2016 and Manual

Submission noted - no change.


DPIE–EES administer the Coastal Management Act 2016, and provide technical advice to Councils preparing CMPs, in line with the Manual and CM Act.

DPIE-EES have assessed the Scoping Study, and provided submission comments which predominantly assess the draft study as adequate and recommended some changes which have been incorporated into the Scoping Study. 

Impact of the Jonson Street Protection Works

The JPSW has caused erosion at Belongil and had a long-term, clear impact

 

Noted - no change.


The downdrift erosion impacts of the JSPW on Belongil properties were in dispute in the Supreme Court Proceedings 2016 brought by some Belongil landowners.

 

Council through its insurer denied the allegations including as to consequences and defended the proceedings. The matter did not proceed to hearing and no findings of fact were made by the Court.

 

Settlement was reached between the parties and consent orders were entered into. It is important to note that the Orders were made without admission of liability.

Legal Context

Council must comply with rule of law and Court Orders

No mention of the Supreme Court Orders, proceedings or implications/effects on Council

 

Noted. Expanded Legal Context & Background section 3.5.2 and an Action in the Forward Plan as a Stage 2 investigation.

 

Reference to legal proceedings including but not limited to the Supreme Court Proceedings 2016 and Court Orders and other development and appeals for repair works to existing ad hoc coastal protection works has been inserted.

 

An assessment with regard to the implications of the seawalls protected by the Court Orders and (approved) repair applications to understand the potential impact on the viability or feasibility of relevant management options for a long-term strategy at Belongil is acknowledged.  This is also in line with DPIE-EES recommended changes, that the outcomes of cases and settlements be acknowledged as requiring an assessment to be considered at Stage 3 of the CMP process.  

Data and Hazard Assessment

 

Council to use the latest data available to assess the physical processes and prepare hazard lines, mapping and to classify management areas

Noted. No change.

The update of Hazard Assessment is a Stage 2 investigation. Assessment methodology will be in accordance with the requirements of the NSW Manual. Refer Action S2.01 in the Forward Plan.

Additional Recommended Studies – Belongil Creek Entrance Stability Assessment

 

Council should not be considering public funds for the Belongil Creek additional recommended study proposed in Table 4-3 and Table 6-3.

 

The inclusion of this study is interpreted as Council not planning on complying with the injunction of the Supreme Court Orders, due to the study considering an assessment of Belongil Spit without seawalls.

Noted - no change.


The interpretation of the purpose of the investigation of a “without” seawalls scenario in an entrance stability assessment for Belongil Creek is inaccurate.  The “without” seawalls scenario is intended to investigate what the natural system of Belongil Creek, its entrance and Belongil Spit is likely to have looked like in a natural state at present and in future.

 

Investigating the natural system “without” seawalls is a “baseline” scenario that allows us to consider how the natural system may have evolved, and therefore, what the risk to the land may have looked like today. Investigating a “baseline” or “do nothing” scenario for natural systems is very common practice. It is generally done to support the use of management strategies rather than “do nothing”.

 

Consultation

 

Engagement with the Belongil Beach community essential

Noted - no change.


The community was consulted as part of preparing the Scoping Study. There are no mandatory requirements for consultation during Stage 1, apart from the involvement of relevant public authorities and public authority commitment to ongoing involvement in CMP development (i.e. roles and responsibilities in the Forward Plan). 

 

Nevertheless the community was consulted as part of preparing the scoping study and the Draft was available on Council's website enabling public comment.

 

Stage 1 of the CMP process includes the preparation of a Community Stakeholder Engagement Strategy (CSES) which is provided in Appendix A.

 

DPIE-EES have assessed the Scoping Study and provide comment that the CSES is ‘fit for purpose’.

 

The recommended changes as outlined in Tables 2, 3 and 4 of this report have been incorporated into the Scoping Study. The amended Scoping Study that incorporates these changes is provided in Attachment 4.

 

Next Steps

 

It is recommended that Council:

·        Note the submissions received during the public comment period and agency feedback on the Scoping Study.

·        Adopt the finalised Stage 1 Scoping Study for Cape Byron to South Golden Beach (Attachment 4) incorporating the amendments outlined in tables 2, 3 and 4 of this submissions report.

·        Council consider an allocation of $70,000 in the FY2020/21 budget for progression to Stage 2 of the Coastal Management Program process. There is no current budget allocation for this to occur.

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

3.3

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

 

The Coastal Management Act 2016 and associated NSW Coastal Management Manual.

 

Financial Considerations

 

The total cost of preparing the CMP (5 stage process) is estimated to be between $360,000 and $705,000, with the next stage (Stage 2 – FY2020/21) of the CMP expected to cost between $95,000 and $190,000. The range provides for uncertainty in the costs of certain activities as recommended in the Forward Plan. 

 

At present there is a budget bid of $70,000 for FY2020/21 – OP Activity to ‘Continue preparing a Coastal Management Program (CMP) in accordance with the staged process for Cape Byron to Sth Golden Beach’. This bid is considered sufficient to complete the required Stage 2 investigations with a grant funding contribution.

 

Consultation and Engagement

 

Various stakeholder consultation activities were undertaken to capture information for use in this Scoping Study and area outlined in Section 4.5.2.3 of the Scoping Study.

 

Activities included:

 

·        Regular contact with Council and DPIE representatives allowed for a flow of information relevant to the CMP;

·        The First Pass Risk Assessment Workshop where activities were conducted to gather feedback from the state agencies and other stakeholders who are involved in coastal management; and

·        Input from the community about how they use and enjoy the Byron Coastline, and their ranking of values and threats, through feedback to an online survey (reproduced in Appendix E of the Scoping Study), and a series of community information sessions.

 

Consultation was undertaken as outlined below:

 

·        Consultation with relevant staff members on certain sections of the Scoping Study

·        Presentation to Councillors at the Strategic Planning Workshop on 1 August 2019

·        Presentation to staff at Staff Forum

·        Report to the Executive Team on 3 June 2020

·        External legal advisors


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.13

 

 

Report No. 13.13         Main Beach Shoreline Project - preliminary options assessment and stakeholder engagement

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinator

File No:                        I2020/544

                                       

 

 

Summary:

 

At the interface between the sea and the land at Main Beach, Byron Bay are the coastal protection works, known as the ‘Jonson Street Protections Works’ or JSPW. The JSPW are a public asset that provide a significant role in affording some protection to the Byron Bay town centre from coastal erosion and underlying long-term recession impacts.

 

The Main Beach Shoreline Project (MBSP) investigates various modification options for the redesign of the coastal protection works at Jonson Street (JSPW), Main Beach, Byron Bay.

 

Council has engaged Bluecoast Consulting Engineers to complete the concept design for the project.

 

Bluecoast have undertaken a contemporary assessment of all possible options for the modification of the JSPW. The ‘Concept Design Development – Report’ is presented in Attachment 1.

 

Seven different and distinct concept design options have been developed and are put forward for further consideration.

 

The seven design options are listed as:

 

·        Option 1 – rock revetment and stepped concrete seawall

·        Option 2 – berm rock revetment and pathway

·        Option 3 – detached groyne

·        Option 4 – artificial headland with sand bypassing

·        Option 5 – protective structure moved landward by 10m

·        Option 6 – protective structure moved landward by up to 30m

·        Option 7 - existing structure upgraded to contemporary standards

 

Each design option involves a combination of the key design elements:

 

·        Alignment

·        Structure or material type; and

·        Configuration of groynes.

 

The seven options are outlined fully in Attachment 1 including plan views, images, overview and the rationale accompanying each option. The report in Attachment 1 is very detailed and critical to the understanding of how the seven different options were assessed and prioritised for the report.

 

The next step in the design process is to gather broader community and key stakeholder / agency feedback through engagement activities and consultation aiming to understand how they use and value the foreshore, their expectation for how the foreshore should be managed, and to test what the community’s preferences are for the foreshore works (i.e. ranking of the seven options).

 

 

 

 

  

 

RECOMMENDATION:

1.       That Council notes the preliminary options assessment and top seven concept designs presented in the Concept Design Development – Report (Attachment 1 – E2020/40490).

2.       That Council endorses the top seven concept options outlined in Attachment 1 (E2020/40490) for key stakeholder and broader community engagement.

3.       That Council receives a report following the community engagement detailing the submissions received and staff response to these submissions.

 

 

Attachments:

 

1        Main Beach Shoreline Project - Concept Design Development Report, E2020/40490  

2        Main Beach Shoreline Project - Community Engagement Plan, E2020/32953  

 

 


 

REPORT

 

Background

 

At the interface between the sea and the land at Main Beach, Byron Bay are the coastal protection works, known as the ‘Jonson Street Protections Works’ or JSPW. The area adjacent the JSPW comprises the length of foreshore approximately between the Main Beach Surf Club and the First Sun Caravan Park and incorporates public parklands, playgrounds, the Memorial Pool and the carpark with direct ocean outlook.

 

The JSPW are a public asset that provide a significant role in affording some protection to the Byron Bay town centre from coastal erosion and underlying long-term recession impacts. The works have been identified in previous studies as being degraded and non-compliant with contemporary coastal engineering standards.

 

The Main Beach Shoreline Project (MBSP) investigates various modification options for the redesign of the coastal protection works at Jonson Street (JSPW), Main Beach, Byron Bay. The MBSP is an important project for the community of Byron Shire, with the intent to improve the current situation.

 

Council has engaged Bluecoast Consulting Engineers to complete the concept design for the project which includes the following investigations: coastal modelling, geomorphological assessment of the shoreline, collection of wave data and expert observations. In addition, social, environmental and economic values will be explored and considered as part of an evidence-based approach.

 

The project is underpinned by the following objectives, resolved by Council in 2018 (Res 18-839):

1.       To provide adequate protection to the Byron Bay town centre against current and future coastal hazards.

2.       To mitigate adverse current and future risks from coastal hazards, taking into account the effects of climate change.

3.       To mitigate impacts on coastal processes (e.g. down-drift effects) through reduction of the project footprint.

4.       To improve the structural integrity of the JSPW.

5.       To improve public safety around the JSPW.

6.       To enhance recreational amenity, public access and use of the foreshore around the JSPW.

 

Project Delivery and Status

 

The key phases of the project are outlined in Figure 1 below.

 

Presently the project is in Phase 2a – Concept Designs with the project tasks and estimated timeframes outlined in Table 1 below (estimated up to December 2020).

 

 

 

 

Figure 1: Key phases of the Main Beach Shoreline Project

 

*Note: The Office of Environment and Heritage is now the Department of Planning, industry and Environment (DPIE).

 

 

Table 1: Project tasks and estimated timeframes (up to Dec 2020)

 

Project Phase

Timing

Task

Status

Consultant Evaluation and Engagement

August 2019

Report to Council and consultant engagement

 

 

Complete

Project Kick-Off

Nov 2019

Community Event (Drop in Session) at the Main Beach Surf Club

 

 

Complete

Phase 1 - Baseline Assessment

 

Dec 2019 to May 2020

 

Literature Review

Deployment of instruments and collection of in situ data

Wave Hindcast Model (set up)

Engineering Condition Assessment

(drone surveys)

Baseline Assessment

 

Reports to be uploaded and available on the MBSP Council project webpage (once finalised)

 

 

Complete

Phase 2a – Concept Designs

 

Options Assessment

 

 

Feb 2020 to May 2020

Contemporary assessment of options  (complete)

 

The preliminary options assessment ‘Concept Design Development – Report’ reported to Council (this report). Council to endorse the top seven options to go to broader community engagement (4 weeks/June).

 

Prior to COVID19, engagement included a face to face workshop (First-Pass MCA) with key stakeholders and key community representatives to assess different concept design options. This has now been modified to be broader community engagement through an on-line survey and targeted interviews.

 

In progress – partly completed

Phase 2a – Concept Designs (cont.)

 

Engagement Activities

 

June 2020

Engagement with the broader community and key stakeholders on the top seven concept options via on-line survey and targeted interviews

Not commenced

Phase 2a – Concept Designs (cont.)

 

Engagement Outcomes

 

 

August 2020

Outcomes of community engagement reported to Council and identification of the preferred three concept options to progress to next stage – Phase 2b: Detailed Assessments.

 

 

Not commenced

Phase 2b – Detailed Assessments

 

Modelling and Geomorphological Assessment

Aug to Dec 2020

·    Desk top modelling of preferred options

·    Probabilistic hazard modelling

·    Physical monitoring

 

Report to Council on the ‘Modelling and Evaluation of Preliminary Concept Designs’ for endorsement of the recommended option to move to the next stage.

 

Not commenced

 

Contemporary Options Assessment

 

Bluecoast has undertaken a contemporary assessment of all possible options for the modification of the JSPW which is provided in Attachment 1 – ‘Concept Design Development – Report’.

 

The ‘Concept Design Development – Report’ presents a summary of the projects critical factors and preliminary basis of design to guide the development of concept options for the modification of the JSPW. The report (Attachment 1) outlines how the project objectives have informed the development of critical design factors and key performance indicators (KPIs) used in the assessment process. The KPIs provide the means for comparing and evaluating the design options as these evolve towards a detailed concept design solution.

 

Seven different and distinct concept design options have been developed that are considered appropriate for further consideration.

 

The seven design options are listed as:

 

·        Option 1 – rock revetment and stepped concrete seawall

·        Option 2 – berm rock revetment and pathway

·        Option 3 – detached groyne

·        Option 4 – artificial headland with sand bypassing

·        Option 5 – protective structure moved landward by 10m

·        Option 6 – protective structure moved landward by up to 30m

·        Option 7 – existing structure upgraded to contemporary standards

 

Each design option involves a combination of the key design elements:

 

·        Alignment

·        Structure or material type; and

·        Configuration of groynes.

 

The seven options are outlined fully in Attachment 1 including plan views, images, overview and the rationale accompanying each option. The report in Attachment 1 is very detailed and critical to the understanding of how the seven different options were assessed and prioritised for the report.

 

A traffic light system has been used to rate each option across the key results areas, with green, yellow and red indicating the structure’s performance, respectively as outlined below.

 

 Red = Design element does not meet project objectives or KPI

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It should be noted that the anticipated performance of the options is based on current available information and engineering judgement. Table 2 below provides a summary of the seven concept options and their corresponding anticipated performance against the key result areas, e.g. coastal protection, shoreline impacts.

 

 

 

 

 

 

 

 

 

 

Table 2: Summary of the anticipated performance of all options

 

Option

Anticipated performance

Coastal protection

Shoreline impacts

Beach amenity

Foreshore amenity

Surf amenity* Refer note

Public safety

Cost

Option 1 – rock revetment and stepped concrete seawall

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Option 2 – berm rock revetment and pathway

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Option 3 – detached groyne

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Option 4 – artificial headland with sand bypassing

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Option 5 – protective structure moved landward by 10m

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Option 6 – protective structure moved landward by up to 30m

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Option 7 – existing structure upgraded

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*Note: Surf amenity outcomes are inherently difficult to predict. This is largely because of the variable nature of the sand banks and wave climate at Main Beach. With regard to the key result area for ‘Surfing Amenity’, a ‘yellow’ anticipated performance result identifies that the potential impacts (positive and/or negative) of the modification option will not be known until we test the option/scenario with coastal modelling. Coastal modelling and detailed coastline assessment will be conducted in the next phase (Phase 2b – Detailed technical assessments of design options). Please refer to Attachment 1 for more information of the investigation which involves a quantitative review of the performance of up to three discrete design options.

 

The next step in the design process is to gather broader community and key stakeholder / agency feedback through engagement activities and consultation aiming to understand how they use and value the foreshore, their expectation for how the foreshore should be managed, and to test what the community’s preferences are (i.e. ranking of the seven options).

 

Engagement Activities

 

A Community Engagement Plan has been developed for the project and is presented in Attachment 2. The plan outlines the following engagement activities for delivery during Phase 2- Concept Designs which will be facilitated by Bluecoast and sub-consultant Rhelm.  

 

The proposed engagement activities to be undertaken in June 2020 (subject to endorsement of the recommendations in this report) aim to gain an appreciation of the community’s and stakeholder’s expectations and objectives as to how the foreshore is managed and to get feedback on seven top concept options.

 

The outcomes of the engagement will be used to update and confirm the project KPI’s and associated assessment criteria. These will form the ‘backbone’ of the design process. They will be initially used to assess the initial seven concept designs, to identify the preferred three concept designs and refine these designs, as required. The community’s ‘preferences’ regarding the concept designs will also be considered in this process.

 

An outline of the activities proposed is provided below:

 

Engagement Method

Engagement Objective (IAP2)

Email to key stakeholders to contain:

·    Project background and objectives

·    Explain why the stakeholder is being contacted

·    Provide a link to the webpage, which will contain the online stakeholder survey.

Inform stakeholders of the project and the engagement

Online survey and web landing page

·    Web landing page to be hosted on Council’s existing webpage

·    Provide project background, context and purpose

·    Provide information on each of the 6 concept designs

·    Online survey

Consult with the stakeholders to obtain their perspectives of:

·    Key values of the foreshore and surrounds

·    Objectives for foreshore management

·    Expectations for foreshore stabilisation works

·    Feedback on 6 concept designs

Phone calls

·    Follow up phone calls would be undertaken with stakeholders who received the email

Increase engagement with the online survey and provide an opportunity for the stakeholders to ask questions and provide broader feedback on the project.

 

Next steps

 

1.   Undertake community engagement activities (June 2020).

 

2.   Review feedback received from the community and key stakeholders during the engagement activities.

 

3.   Report to Council - once engagement activities have been completed, the Report will be followed by a full ‘Concept Design Development – Report’ which will present the outcomes of community engagement and a detailed assessment of concept options considered during the design investigation. The report will outline the top three options to progress to the next project phase (Phase 2b – Modelling and Geomorphological Assessment). 

 

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

3.3

Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments

3.3.1

Implement Coastal Management Program

3.3.1.2

Continue pre-construction phase of Jonson Street protection works

 

 

 

Legal/Statutory/Policy Considerations

 

Coastal Management Act 2016

 

Financial Considerations

 

Council has allocated approximately $150,000 in the existing budget with matching State Government grant funding for this design investigation project.

 

Risk

 

Asset and Infrastructure Management - the JSPW are a public asset, are degraded and not to contemporary engineering standards and do not provide adequate public safety.

 

Consultation and Engagement

 

The project’s Community Engagement Plan is presented in Attachment 2. 

 

 

Peer Review Group

 

An expert Peer Review Group has been formed to provide technical review and feedback on the key deliverables of the project. This informal group will add robustness to the design process with their feedback/comments used by Bluecoast in their refinement of options and consideration of results.

 

Community/Stakeholders

 

General project updates are provided to key stakeholders and interested community members when key tasks have been completed (every 2 months or thereabouts). 

 

Councillors

 

Councillor Bulletin updates and a Strategic Planning Workshop in February 2020 and June 2020 were held. 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.14

 

 

Report No. 13.14         Bringing Back the Bruns - update on Brunswick River related projects

Directorate:                 Sustainable Environment and Economy

Report Author:           Chloe Dowsett, Coastal and Biodiversity Coordinator

File No:                        I2020/700

                                       

 

 

Summary:

 

The Bringing Back the Brunswick Project (also known as ‘Bringing Back the Bruns’) is a project based on the idea that the Brunswick River offers a unique opportunity to undertake an Australian first whole-of catchment river rehabilitation project that aims to achieve real, measurable benefits to the river ecosystem and community. 

 

Significant management issues face the Brunswick catchment and ‘Bringing back the Bruns’ offers the unique and unrivalled opportunity to rehabilitate an entire riverine catchment in a strategic and staged approach over a number of years to produce a permanent, positive outcome for future generations to enjoy. 

 

A number of projects and initiatives have been implemented recently focussing on the Brunswick Catchment. This report provides an update on the various projects to improve the health of the Brunswick River catchment in an on-going and continuous effort to ‘Bringing Back the Bruns’.

 

 

  

 

RECOMMENDATION:

That Council notes:

1.       The update provided by staff on the ‘Bringing Back the Bruns’ and related Brunswick River projects.

2.       That staff will continue to explore all grant and alternate funding opportunities as they arise including partnerships, to support new projects that contribute to ‘Bringing back the Bruns’ and related projects.

 

 

Attachments:

 

1        Bringing Back the Bruns - Bush Regeneration Sites, E2020/40163  

2        Brunswick Valley Landcare group sites and project sites 2020, E2020/40151  

 

 


 

REPORT

 

Background:

 

The Bringing Back the Brunswick Project (also known as ‘Bringing Back the Bruns’) is a project scope which originated first through discussions between Mayor Simon Richardson and Dr Matthew Gordos (DPI Fisheries). The scope for the project is based on the idea that the Brunswick River offers a unique opportunity to undertake an Australian first whole-of catchment river rehabilitation project that aims to achieve real, measurable benefits to the river ecosystem and community. 

 

Key issues

 

Significant management issues facing the Brunswick catchment include:

 

·        Unrestricted livestock access to the riparian zone resulting in destabilised and failed riverine banks and excessive nutrient inputs.

·        Historic clearing of riparian vegetation and proliferation of exotic weeds (e.g. Camphor Laurel).

·        Construction of    over 20 waterway crossings on the main river, with over 15 of these structures acting as barriers to native fish migration.

·        Sedimentation of instream pools resulting in diminishing riverine habitat and reduced ecological diversity.

·        Significant bank slumping within the estuarine zone resulting from excessive wave action.

 

Solutions and Benefits

 

‘Bringing back the Bruns’ offers the unique and unrivalled opportunity to rehabilitate an entire riverine catchment in a strategic and staged approach over a number of years to produce a permanent, positive outcome for future generations to enjoy. 

 

Solutions and benefits include:

 

1.       Fencing and revegetation of the riverine corridor (> 70 km) to reinstate a healthy riparian zone that will benefit instream and terrestrial flora and fauna.

2.       Stabilisation of highly eroded banks through revegetation to improve habitat values and limit point source sediment and nutrient input into the river. Some structural works such as regrading or bank protection with logs or rock is required in some locations.

3.       Reconstruction of waterway crossings to improve the safety of vehicle access during high flows while also reinstating unimpeded fish migration from the estuary to the headwaters.

4.       Cleaner, healthier water for the community to enjoy now and for future generations.

 

This report provides an update on the various projects that have been (or are being) implemented to improve the Brunswick River catchment in an on-going and continuous effort to ‘Bringing Back the Bruns’.

 

‘Bringing Back the Bruns’ – A Staged Approach

 

‘Bringing Back the Bruns’ is being delivered through a staged approach with removal and upgrade of causeways to improve fish passage the first phase of the project.  Subsequent phases of the staged approach will be focussed on riparian rehabilitation; working with both public and private landowners; stabilisation of eroding river banks community capacity building and nutrient and sediment reduction to improve water quality.

 

Sub-projects will be strategically planned for works and activities on Council, private and other public lands and the projects will involve a number of partners aimed at achieving a number of mutually beneficial outcomes.

 

Causeways and Reinstating Fish Passage

 

In 2018 Council received grant funding from the NSW Department of Primary Industries (DPI) to install new causeways and reinstate fish passage in the Brunswick River by removing fish barriers to open upstream habitat. The $274,600 grant under the NSW DPI Flagship Fish Habitat Grants Program was matched with funding ($274,600) from Council to upgrade two causeways in the mid-reaches of the Brunswick River. 

 

The project complemented another grant from the DPI Fisheries Habitat Action program which saw the removal of three other low-level fish barriers in the river.  The projects have opened up 7km of upstream habitat which now allows 27.4km of fish passage to the estuary mouth. The restoration works will have long-term positive effects on fish species including the iconic Australian Bass, which live in the upper freshwater reaches of the river and migrate to the lower Brunswick Estuary for breeding.

 

The project now ensures fish have access to 90 per cent of the river for 100 per cent of the year. Prior to the projects, fish including bass and mullet could only migrate to the upper reaches of the Brunswick River for around ten days every year when high rainfall allowed fish to swim up and over the impeding causeways. Local residents have also benefited from safer vehicle access.

 

Improving Habitat – Riparian Restoration

 

Council has recently applied and is awaiting an outcome on a funding application of $39,595 through the DPI-Fisheries Habitat Action Grant to rehabilitate Council managed land on the northern bank of the Brunswick River from the Mullumbimby Showgrounds 1.8km (approx. 3.6ha) downstream towards Mullumbimby town centre. This project scope includes revegetation of at least 400 trees and community capacity building with regard to better management of the riparian zone in their neighbourhood.

 

Council’s bush regeneration team is currently working on 57 bushland sites (238 Hectares) across the shire. As part of ‘Bringing Back the Bruns’  project, the Brunswick River and its tributaries are a primary focus of Council’s bush regeneration team.

 

In 2019 Council received a $20,000 grant through the Crown Reserves Improvement Fund to commence work on the section of river adjacent to the Mullumbimby Swimming pool and Bowling Club. This grant has enabled Council to engage bush regeneration contractors to carry out initial bush regeneration work within this area over a 12 month period. The Council bush regeneration team will then manage the site to maintain the area weed free, allowing it to naturally regenerate.

 

This new site will bring the total area being worked by councils bush regeneration team along the Brunswick River to 14 sites, 57 Hectares and 6,260m of river bank. The work conducted on these sites included tree planting, installation of nest boxes, weed control and fencing to exclude stock from riparian areas.

 

The benefits to our community and the environment include:

·        The establishment of thousands of new plants and trees.

·        Helping to create a continuous fauna/flora corridor for the length of the Brunswick River from the mountains to the sea.

·        Creating habitat/food for aquatic and terrestrial animals.

·        Vegetation along river banks creates a wind break for adjoining farms reducing erosion and moisture evaporation rates and providing shade for stock.

·        Vegetation in riparian zones improves water quality by filtering herbicides, pesticides, stock manure and fertilisers resulting in cleaner water.

·        Fencing stock from riparian zones decreases erosion and improves water quality as stock cause erosion by collapsing river banks and eating vegetation along the bank leaving it bare and susceptible to further erosion when it rains or floods.

 

Attachment 1 provides an outline of the Brunswick River Sites being managed by Council’s bush regeneration team.

 

Brunswick Valley Landcare actively undertakes projects at various sites within the catchment to reinstate a healthy riparian zone and improve terrestrial flora and fauna habitat.

 

A brief snapshot of some recent projects is provided below:

 

·        BVL Saving our Species Phyllanthus microcladus project – working on 5 sites along the Brunswick River undertaking weed control and monitoring of species density and health.

·        BVL locality group Heritage Park Maslen Arboretum – volunteer group meets every Saturday morning to carry out weeding, maintenance and planting in the arboretum.

·        BVL locality group Mullumbimby Town – volunteer group meets once a month to work on 4 sites along the creek in Mullumbimby town - weeding, maintenance and planting.

 

Attachment 2 provides a snapshot of the Brunswick Valley Landcare group and project sites for 2020.

 

Other Projects

 

There are many other projects being undertaken to improve the health of the Brunswick River and/or catchment.

 

Positive Change for Marine Life, a local environmental group have commenced a River Warriors Campaign for the Brunswick River. The project will map the ecological condition of the Brunswick estuary and if possible, the upstream reaches to the headwaters with the objective to inform future rehabilitation projects.

 

At the 27 February 2020 meeting, Council resolved (20-062) that it:

 

1)      Supports Positive Change for Marine Life in its request for $20,000 to employ a person locally to coordinate their River Warriors Program as part of our overall objective of ‘Bringing Back the Bruns’, creating a healthy river system, supporting our local biodiversity and marine environment.

2)         Allocate funding from within the Resource Recovery Waste Management Strategy Implementation 2019/20 budget.                                                                                                                                        

 


 

Strategies

 

Marine Estate Management Strategy - Domestic Foreshore Structures Strategy for the Brunswick River

 

The Marine Estate Management Strategy (MEMS) part of the delivery of the Marine Estate Management Act 2014 is a strategy that provides a holistic, long term approach to maintaining and improving the marine estate in NSW. The MEMS facilitates nine management initiatives to address priority threats to the marine estate, with an action within Initiative 2: Delivering healthy coastal habitats with sustainable use and development focussed on addressing the threat of foreshore development.

 

On the north coast of NSW, a specific action under MEMS Initiative 2 will be the development of six (6) Domestic Foreshore Structures Strategies, for which the Brunswick River was one of the 6 chosen locations. Council staff have been collaborating with DPI Fisheries and other state government agencies on a transparent, sustainable and holistic assessment tool for proposed domestic foreshore structures, such as pontoons and boat ramps, on an estuary-wide basis.

 

The ‘Brunswick River Domestic Foreshore Structure Strategy’ will consolidate development policies, and thereby provide consistency in information for proponents, agencies and Councils to streamline the approval process for new domestic foreshore structures. The strategy will outline the Development Application process to inform proponents.

 

Foreshore development is identified as one of the priority threats to the marine estate, causing significant disturbance to species and their habitats, impacts to water quality, and disruption of public access to, and use of the marine estate.

 

Marine Estate Management Strategy – Bank Management Strategy for the Brunswick River

 

MEMS Initiative 2 also includes an action that focuses on bank protection work in two (2) estuaries on the north NSW coast. The Brunswick River and Richmond River were chosen.

The objective of the bank protection work will be to develop a management strategy that will anticipate protection work and therefore streamline the approval process, using a coordinated approach with state agencies and councils. The Strategy will have an emphasis on ‘soft’ protection works such as riparian revegetation, mangrove planting, rock fillets, large woody debris to be used (where feasible) to protect eroding banks.  Staff have been collaborating with DPI Fisheries and other state government agencies on the Strategy.

 

Next steps

 

Staff to continue to explore all grant and alternate funding opportunities as they arise including partnerships, to support new projects that contribute to ‘Bringing back the Bruns’ and related projects. Further, updates on the ‘Bringing back the Bruns’ and related projects to be provided at future Council meetings.

 


 

 

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

3.3

Partner to protect and enhance the health of the Shire’s coastlines, estuaries, waterways and catchments

3.3.1

Implement Coastal Management Program

3.3.1.3

Investigate Brunswick River Project

 

 

Legal/Statutory/Policy Considerations

 

Marine Estate Management Act 2014

Coastal Management Act 2016

 

Financial Considerations

 

Significant funding would be required to implement the ‘Bringing back the Bruns’ which could be accessed via funding sources from local, regional, State, and federal grants. Currently there is no Council budget allocation for projects in 2019/20 or 2020/21 budget.

 

Staff will continue to explore all grant and alternate funding opportunities as they arise including partnerships, to support new projects that contribute to ‘Bringing back the Bruns’ and related projects.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.15

 

 

Report No. 13.15         Events & Festival Sponsorship Fund 2020-21

Directorate:                 Sustainable Environment and Economy

Report Author:           Jess Gilmore, Events Liaison Officer

File No:                        I2020/654

                                       

 

 

Summary:

 

The 2019-20 funding round for the Events & Festivals Sponsorship Fund would normally have been rolled out in April this year. Due to COVID-19 and its impacts on local events, there is an opportunity to hold over the funding until the uncertainty is resolved. If the current funds are combined with other available funds a ‘recovery fund’ could be released in the coming financial year to support local events to get back on their feet once restrictions on gatherings are eased.

 

This can be considered as part of the 2020/2021 Budget and Operational Plan process which will be reported separately to Council.

 

 

  

 

RECOMMENDATION:

1.       That Council notes this report and the impacts on local events. 

 

2.       That Council endorses as part of the 2020/2021 Operational Plan and Budget process the combining of the 2019-20 and 2020-21 financial years’ event sponsorship funds into a local event recovery fund, to be rolled out during the coming financial year as appropriate considering the lifting of COVID-19 restrictions.

 

3.       That Council endorses the inclusion of event funding for sponsored events that are unable to proceed in 2020-21 financial year, into the recovery fund.

 

 

 

 

 


 

REPORT

 

In December 2014 Council resolved (14-651):

 

1.       That Council endorse the proposed financial allocation of the Events and Festival Sponsorship Fund, with the following changes: The $10,000 of available funds will be split between up to five events, from those considered to fit within either 'Significant Homegrown’ and ‘Emerging’ categories across the Shire.

2.       That Council endorse the proposed application process, with two application windows per year established.

3.       That preference will be given to those events and festivals that have occurred less than three times.

4.       That Council endorse the Fund to support the outcome to embed sustainability practices into local events and/or provide sponsorship.

5.       That the final decision regarding successful applicants be made by the General Manager under Delegated Authority.

6.       That all assessment forms be changed to reflect the changes above.

 

The current financial year event funding would usually be rolled out in April, however due to COVID-19 all events have been cancelled, resulting in uncertainty for our local events regarding if and when they may be able to proceed.

 

Funds from the current 2019-20 financial year have been finalised per the March quarterly review to carry over into the new financial year. These amounts could be added to the 2020-21 Events & Festival Sponsorship Fund of $10,000 plus any unspent sponsorship funds for Mullum Music Festival and Byron Writers Festival (both cancelled for 2020) to make a total pool which could be offered as an event recovery fund, supporting local events to recover when restrictions are lifted.

 

This provision of funding would enable Council to support a range of existing and emerging events, particularly at a time when this important local industry has been severely impacted by the COVID-19 situation. It is vital to provide a recovery fund to offer a lifeline to a flailing local industry which many community members, businesses and organisations depend on.

 

Key issues

 

Due to the current situation with COVID-19 many 2020 events have been cancelled, or postponed until restrictions ease. The timeframes for the easing of restrictions around events is currently unknown, and may be subject to change even when announced, leaving the events industry with a great deal of uncertainty as to whether events can proceed. Holding over funds to allow for greater support when the situation is resolved will support local events to recover.

 

Longstanding community events such as Byron Writers Festival and the Winter Whales Annual Ocean Swim Classic have been cancelled which may have long term impacts on the ability of organisations to deliver important projects.

 

The cancellation of larger events has impacted both the festival industry and many smaller local businesses and community groups who have not been able to rely on the annual income boost. The cancellation of Bluesfest alone has been significant; a 2019 report by Lawrence Consulting claims that last year’s event poured a total of over $159.1 million into the NSW economy. The report estimated a contribution to gross regional product (GRP) of $49.8 million in Byron Shire, and $95.7 million in the Northern Rivers (Byron Shire Echo, 28 May 2020).

 

All levels of government are seeking to respond to the impact of COVID-19 and the recovery process by developing support packages. For example, NSW Department of Planning, Industry and Environment have been actively working with councils to support communities across the state in response to COVID-19, acknowledging that the planning system has an important role to play in keeping the economy moving, supporting communities and keeping people in jobs, both now and in the months ahead. They have been responding quickly by adapting the planning system to ensure continued productivity, investment and community wellbeing.

 

It is important that Council takes steps to show their support for this important local industry which contributes a great deal to our region by way of employment, economic impact, volunteering and training opportunities, and fundraising capacity for a plethora of community organisations, projects and programs.

                                                                                                            

The investment of existing available funds would show great support for our locals during this unprecedented time, and is an important investment into the Shire’s recovery from COVID-19. Without this support it is likely that many of our iconic events will not continue.

 

STRATEGIC CONSIDERATIONS

 

Community Strategic Plan and Operational Plan

 

CSP Objective

L2

CSP Strategy

L3

DP Action

L4

OP Activity

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.7

Support range of existing, emerging and major events

2.1.7.2

Deliver event and festivals annual sponsorship program

Community Objective 2: We cultivate and celebrate our diverse cultures, lifestyle and sense of community

2.1

Support and encourage our vibrant culture and creativity

2.1.7

Support range of existing, emerging and major events

2.1.7.1

Continue to support event organisers in the delivery of a range of events

 

Financial Considerations

 

The 2019-20 funds ($10,000) have been finalised per the March quarterly review to carry over into the new financial year. These amounts could be added to the 2020-21 Events & Festival Sponsorship Fund ($10,000) to create a pool which could be offered as an event recovery fund, supporting the local industry to recover when restrictions are lifted.

 

In addition to this, any unspent funds from cancelled events which are usually supported by MoU agreements could be added to this pool. For example, $1,000 Mullum Music Festival Sponsorship (2017.6) and $5,000 Byron Writers Festival Sponsorship (2017.7) – both of which have been cancelled for 2020.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.16

 

 

Report No. 13.16         Climate Action Plan update

Directorate:                 Sustainable Environment and Economy

Report Author:           Sharyn French, Manager Environmental and Economic Planning

File No:                        I2020/762

                                       

 

 

Summary:

 

Council resolved (Res 19-684) at the 12 December 2019 Ordinary Meeting to convene an Action Tank workshop to advance the development of the Climate Change Adaptation Plan (CCAP).

 

Council staff commenced planning for the ‘inquiry by design’ style workshop which was to take place over 3 days in early April 2020. Engagement with possible workshop participants and presenters, and the format for the workshop and venue planning was well underway when COVID-19 travel and gathering restrictions commenced and escalated. As a consequence the workshop was postponed late March. At the time, there were 15 confirmed participants, who were advised of the need for postponement of the workshop in light of the uncertainty about COVID-19 restrictions. Work on the CCAP has not progressed since then.

 

This report outlines what work had been done up to that date, and seeks clarification on the next steps under easing COVID-19 restrictions to progress the finalisation of the CCAP.

 

Also in light of the new state agency Resilience NSW, and recent drought, flood and fire events, it is proposed that Council consider exploring the development of a resilience framework and plan alongside the CCAP to provide for a more holistic future approach to natural disaster prevention, preparedness and recovery for Byron Shire.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Request staff to progress the finalisation a draft Climate Change Adaptation Plan which:

          a)      Considers the:

i)       Identified areas of concern determined at the 6 September 2019 Councillor workshop;

ii)      Council researched gap analysis conducted and presented to Council 12 December 2019; and

iii)     Contemporary and current science as it relates to Local Government best practice for Climate Adaptation within Australia.

          b)      Is peer reviewed where possible by the previously confirmed workshop                            participants; and

          c)      Undergoes a Councillor and community engagement process before reporting to                    Council for consideration for adoption.

 

2.       Agree to explore the development of a resilience framework and plan for Byron Shire.

 

3.       Make contact with Resilience NSW to discuss the potential preparation of a Resilience Plan and how Council may partner in the early preparation of such a plan for Byron Shire.

 

4.       Make contact with the City of Sydney to discuss their Resilience Plan framework and how it might be applied to Byron Shire.

 

5.       Request staff to undertake a gap analysis of Council’s current plans against a resilience framework such as the City of Sydney.

 

6.       Request staff to present the findings of items 3-5 at a Strategic Planning Workshop and report to Council.

 

 

 

 


 

REPORT

 

Background

There are several past resolutions and reports to Council that have led to and inform the preparation of the CCAP:

Meeting date

Res. No.

Resolution

18 October 2018

18-680

Council declared a climate emergency

13 December 2018

18-841

When considering the draft Net Zero Emissions Strategy Council resolved that staff provide an update report to the next available meeting on Council’s climate change adaptation processes for rising temperatures, emergencies, asset maintenance, and water resources in a changing environment.

21 February 2019

19-011

Council considered the above report and resolved to consider a budget allocation of $80,000 (which was not given in full) for the development of an updated Climate Change Adaptation Implementation Plan for Council operations.

27 June 2019

19-341

Council considered an report on Byron Shire’s climate emergency response and resolved to deliver seven actions in lieu of the full budget allocation over six months:

i.      Include an action in the Operational Plan FY2019/20 about a ‘Climate Emergency Plan’;

ii.     Hold a facilitated workshop between Councillors and the Executive Team to better understand and articulate what ‘climate emergency’ means in the Byron Shire context, and available mechanisms and resourcing for stronger action;

iii.    Establish a Climate Emergency Cluster Group as defined in the body of the report;

iv.    Undertake a review of relevant climate policy and literature to establish an overarching framework for attracting grant funding and developing and delivering climate adaptation projects;

v.    In concert with item (iv) undertake a review of all Council programs to ensure alignment with our Climate Emergency commitment;

vi.    Request ADAPT NSW to deliver Council and community workshops on ADAPT NSW/NCERA workshop outcomes; and

vii.   Report to Council on the outcome of actions (i-vi) in December 2019.

 

At the facilitated workshop between Councillors and the Executive Team on the 6 September 2019 (action ii of Resolution 19-341) it was decided:

a)   The delivery of a Climate Action Tank (inquiry by design style workshop) would replace the Climate Emergency Cluster Group as a means of expediting the development of a Climate Change Adaptation Plan.

b)   Participants identified in the workshop would be invited to attend the Climate Action Tank to provide recommendations and feasible actions to Council as part of our Climate Emergency Response.

c)   That there are five priority areas of concern based on the North Coast Enabling Regional Adaptation report as follows:

·      Settlements & Land Use Planning We manage growth and change responsibly

·      Infrastructure & Water We have infrastructure, transport and services that meet our expectations

·      Emergency Management We have community led decision making which is open and inclusive

·      Resilient Communities We cultivate and celebrate our diverse cultures, lifestyle and sense of community

·      Biodiversity We protect and enhance our natural environment

 

The identified priority areas were then aligned with our Community Strategic Plan (in bold above) which formed the framework of the Climate Action Tank. While Biodiversity didn’t rate highly at the time of the workshop, the impact from 2019/2020 fire season highlighted a critical need to identify and protect our high environmental value land and habitat areas and as such it has now been included as one of the priority areas.

 

On the 12 December 2019, Council considered an update report on resolution 19-341 and resolved (Res 19-684);

 

1.    That Council note the response to items 2.iv &.v of resolution 19-341 which includes a gap analysis of Council programs in Attachment 2 (E2019/86487), which will be further developed to inform the proposed Action Tank workshop.

2.    That Council request staff to convene an Action Tank workshop in the new year to advance the development of the Climate Change Adaptation Plan to be reported to Council within six months of the workshop.

3.    That Council fund the Action Tank Workshop and development of the Climate Change Adaptation Plan by allocating $60,000 from the Land and Natural Environment Reserve.

 

Summary of Climate Action Tank Workshop status pre COVID-19:

 

·        Confirmed participants (15) representing Zero Emissions Byron (ZEB), SERAC, Arakwal, local consultant planners, Rous County Council, Southern Cross University, Griffith Uni, Adapt NSW and 2040 author, Damon Gameau with confirmation pending from SES, RFS and the Red Cross.

·        Climate Scientist Joelle Gergis (Intergovernmental Panel on Climate Change (IPCC) Assessment Report (AR6) author and a Byron Shire local) agreed to write a foreword to our Action Plan which was to be made available prior to the Action Tank.

·        Agreed presentations included: Hamish McCallum (Biodiversity & Disease), Damon Gameau (2040), Prof Brendan Mackey (video presentation and AR6 author).

·        Agenda and format for the Interactive ‘inquiry by design’ workshop to be held over 3 days, with summary outcomes developed and delivered, which included a public interactive session post the inquiry by design for community information and input.

 

Next steps

 

There are two options for the progression of the Climate Adaptation Plan.

 

Option 1

      

Reboot and reconvene the Climate Action Tank as outlined above, bearing in mind that participant availability may be impacted and Covid-19 restrictions still a concern for workshop format. These two factors could result in further delays to the finalisation of a CCAP.

 

Option 2       

 

Council staff develop the draft Climate Change Adaptation Plan in house which:

 

a)  Considers the:

i)    Identified areas of concern determined at the 6 September 2019 Councillor workshop;

ii)   Council researched Gap analysis conducted and presented to Council 12 December 2019; and

iii)   Contemporary and current science as it relates to LGA’s best practice for Climate Adaptation within Australia.

b)  Is peer reviewed where possible by the previously confirmed workshop                            participants; and

c)  Undergoes a Councillor and community engagement process before reporting to             Council for consideration for adoption.

It is staff recommendation that Council proceed with option 2.

 

Resilience NSW

 

Resilience NSW is a newly promulgated state government agency to oversee and coordinate emergency management policy, service delivery and all aspects of disaster recovery.

 

Whilst no formal direction has been made at this time by this agency, it is likely that councils may be required in the near future to prepare a Resilience Plan for their local areas/ regions.

 

The City of Sydney as part of the 100 Resilient Cities initiative has prepared a Resilient Sydney Strategy.

 

          ‘The Resilient Sydney strategy sets the directions we must take to strengthen our ability to survive, adapt and thrive in the face of increasing global uncertainty and local shocks and stresses. The strategy offers a five year action plan with key directions, priority flagship actions and 35 actions. Resilient Sydney calls on business, government, academia, communities and individuals to lead and work as one city’.

 

Byron Shire Council to its credit already has strategies and plans that would form part of such a Resilience Plan including the Net Zero Emissions Strategy and the soon to be developed CCAP.

As such staff have included in the recommendation specific actions about the development of a Resilience Framework and Plan for Byron Shire to accompany the CCAP.

 

 

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  

3.2.1

Work towards Council's zero-emissions  target

3.2.1.6

Develop a Climate Emergency Plan

 

 

Financial Considerations

 

Funds remain available in the budget to deliver the Climate Change Adaptation Plan.

 

Consultation and Engagement

 

To be determined following Council resolution.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                 13.17

 

 

Report No. 13.17         Biodiversity Conservation Strategy

Directorate:                 Sustainable Environment and Economy

Report Author:           Lizabeth Caddick, Biodiversity Officer

File No:                        I2020/770

                                       

 

 

Summary:

 

Council has revised its 2004 Biodiversity Conservation Strategy (BCS) to ensure that it is up to date with current legislation, policy, science, best practice and community priorities.

 

The draft BCS was publicly exhibited for 8 weeks from 24 March to 20 May 2020. A total of 23 submissions (Attachment 1) were received during the exhibition period.

 

This report summarises the main issues raised during public exhibition, staff responses to these issues and any recommended changes proposed to the BCS (Attachment 2). It is proposed that Council adopt the draft BCS (Attachment 3) once it has been updated with the amendments proposed in Attachment 2 of this report.

 

 

  

 

RECOMMENDATION:

That Council:

 

1.       Note the submissions received during the public exhibition period (24 March to 20 May 2020) of the Biodiversity Conservation Strategy 2020-2030, issues raised and staff responses.

 

2.       Adopt the Biodiversity Conservation Strategy 2020-2030 with the amendments outlined in Attachment 2 (E2020/40811) of this report.

 

 

 

Attachments:

 

1        Confidential - Combined submissions - Draft Biodiversity Conservation Strategy, E2020/38981  

2        Submissions Analysis & Recommended Amendments - Draft Biodiversity Conservation Strategy, E2020/40811  

3        Draft Biodiversity Conservation Strategy - Version 28 Feb 2020, E2020/14421  

 

 


 

REPORT

 

Background

 

Council has revised its 2004 Biodiversity Conservation Strategy (the Strategy) to ensure that it is up to date with current legislation, policy, science, best practice and community priorities (Council resolution 14-334, 7 August 2014).

 

Council’s draft Biodiversity Conservation Strategy (Attachment 3) is a plan of action for both Council and the Byron Shire community to protect and enhance our local biodiversity. The Strategy describes some of our unique biodiversity values, why they are under threat, and what opportunities exist to mitigate these threats. Providing strong leadership, up-to-date resources and a best practice management approach are key elements of the strategy, as are keeping our community well informed about biodiversity and providing better support and incentives to those land managers who want to manage their land to improve biodiversity. The Strategy includes over 90 Actions to help improve biodiversity conservation in the Shire.

 

The revised Strategy has been written to be readable and accessible, to help engage more of our community with the importance of biodiversity conservation and encourage everyone to contribute to protecting and enhancing our biodiversity. The BCS celebrates the environmental work being done by the local community, and has been developed with consultation and peer review by 8 key local industry professionals, with expertise in flora, fauna, ecological restoration and town planning, as well as representatives from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal).

 

The BCS was on public exhibition for 8 weeks, from 24 March to 20 May 2020. Public exhibition was via Council’s Have Your Say web page, and the exhibition period was advertised by four advertisements in the Byron Shire News and The Byron Shire Echo, plus public notices in the Byron Shire Echo. Other planned elements of the exhibition period had to be cancelled due to social distancing requirements following the Covid-19 outbreak. These included attendance of Council staff and Byron Bay and Mullumbimby farmers markets, and information and a hard copy of the BCS being made available in the foyer of the Mullumbimby office.

 

Public Submissions

 

During the public exhibition period there were 431 visitors to the Your Say page and 946 page views. A total of 23 submissions were received (Attachment 1). Other reportable data from the Your Say page is summarised in Table 1 below.

 

Table 1

 

Number

Explanation

Total visits

431

Number of unique visits by an individual

Page views

946

Total amount of times a page is loaded (can include more than one load by any visitor)

Engaged participants

23

Submissions received

Informed visitors

108

Number of people that viewed or downloaded documents or visited multiple pages (to read more info)

downloads

153

 

Aware visitors

281

Number of visitors that viewed at least one page but did not take any action.

 

Each submission was considered by staff. The submission issues, staff response and recommended change/s to the Strategy (if applicable) are provided below in Attachment 2. The recommended changes will be made to the in-design document once they have been adopted by Council.

Next steps

 

As well as changes proposed in Appendix 2, Table 3.3 and Appendix 5 of the BCS will be updated to include information relating to public exhibition of the Strategy.

 

Once the recommended changes have been adopted by Council, they will be forwarded to the graphic designer to update the BCS in-design document.

 

 

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

3.1

Partner to protect and enhance our biodiversity, ecosystems and ecology

3.1.1

Protect and enhance our natural environment and biodiversity

3.1.1.1

Continue to undertake the Biodiversity Conservation Strategy review

 

Legal/Statutory/Policy Considerations

 

State and Federal legislation that is relevant to the draft Strategy is summarised in Appendix 2 of the Strategy. At the time of drafting the Strategy, various elements of relevant legislation, policies and planning tools are under review/development. The Strategy has been drafted such that there is flexibility to adapt to new/revised plans, strategies and legislation when they are available. For example:

 

·        The Environment Protection and Biodiversity Conservation Act currently is under review.

·        Plant Community Types (PCTs), as referred to in the Biodiversity Conservation Act (2016) are still under review. Current advice is that these will be available 30 June 2020.

·        Council’s Coastal Comprehensive Koala Plan of Management is currently being reviewed by the Department of Planning, Infrastructure and Environment, for endorsement under the new SEPP (Koala Habitat Protection) 2019.

 

Council’s environmental programmes receive core funding from general revenue, with expenditure directed by the Environmental Levy Implementation Policy

 

Financial Considerations

 

Existing budget is available in FY2020/21 to finalise development of the revised Strategy.

 

Consultation and Engagement

 

The draft BCS was publicly exhibited for a period of 8 weeks from 24 March to 20 May 2020. Prior to public exhibition, the draft BCS was peer reviewed by 8 key local industry professionals, with expertise in flora, fauna, ecological restoration and town planning, members of Council’s Biodiversity Advisory Committee (Biodiversity Advisory Committee Report I2020/76), and a representative from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal).

 

Stakeholder consultation during development of the BCS is summarised in Table 2 below. Engagement of the community is a key element of the strategy – while Council can demonstrate leadership in biodiversity conservation, this is ultimately the collective responsibility of the whole community. Development of the BCS also considered environmental issues/trends raised during other recent Council community consultation initiatives, including consultation done for the Sustainable Visitation Strategy and Community Strategic Plan.

 

Table 2

What

When

Who

Community Survey

2015

Received 426 responses, representing around 1.4% of the population.

Our Byron Our Future – Community Strategic Plan 2028, community engagement program

November-December 2017

Community engagement reached 2,769 people through workshops, online engagement, interactive pop up activity, written submissions, business surveys and targeted conversations.

Update to Byron Shire Council Managers and Directors

05/12/2018

Representatives from Council management team, environmental staff and Ecosure.

 

Community Survey 2018-19

December 2018-April 2019

15 Responses

89 Visitors to site

World Café event at Federal 

05/09/2018

Attended by 30 members of the farming community.

Stakeholder meeting with National Parks and Wildlife Service, Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), Ngulingah LALC, and Marine Parks 

07/02/2019

Representatives from Bundjalung of Byron Bay Aboriginal Corporation (Arakwal), Ngulingah LALC, , NPWS, Cape Byron Marine Parks, Byron Shire Council and Ecosure.

JALI Local Aboriginal Land Council 

07/02/2019

Representatives from JALI, Byron Shire Council and Ecosure.

Bangalow Koalas 

22/02/2019

Representatives from Bangalow Koalas, Byron Shire Council and Ecosure.

Sustainable Visitation Strategy

March-May 2019

Over 1,200 people engaged through kitchen table discussions, online forums, workshops and focus groups for both visitors and residents.

Madhima Gulgan Community Association

09/08/2019

Shane Ivey, Council Biodiversity Officer.

World Café event at Mullumbimby        

5/12/2019

Attended by 40 members of the public including Landcare members, property owners, and local business operators.

 

Byron Shire Biodiversity Advisory Committee

11/02/2019

Council and Community representatives that sit on the Biodiversity Advisory Committee.

Byron Shire Biodiversity Advisory Committee

11/11/2019

Council and Community representatives that sit on the Biodiversity Advisory Committee.

Workshop with local ecology experts

15/11/2020

17 local Byron Shire ecologists invited to participate in a

workshop on the Biodiversity Strategy. 8 attended and

others provided input via email.

Byron Shire Biodiversity Advisory Committee

10/02/2020

Council and Community representatives that sit on the Biodiversity Advisory Committee.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                    &nbs