Agenda of Byron Shire Floodplain Risk Management Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the 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

Adoption of Minutes from Previous Meetings 3.1

Adoption of Minutes from Previous Meetings

Report No. 3.1 Adoption of Minutes from Previous Byron Shire Floodplain Risk Management Committee Meeting

Directorate: Infrastructure Services

Report Author: Shelley Flower, Infrastructure Planning Support Officer, IS - Works

File No: I2021/35

RECOMMENDATION:

That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020 be confirmed.

Attachments:

1 Minutes 29/10/2020 Byron Shire Floodplain Risk Management Committee, I2020/1649 , page 7⇩

Report

The attachment to this report provides the minutes of the Byron Shire Floodplain Risk Management Committee Meeting of 29 October 2020 .

Report to Council

The minutes were reported to Council on 26 November 2020.Comments

In accordance with the Committee Recommendations, Council resolved the following:

Report No. 14.6 Report of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020

File No: I2020/1775

20-001

Resolved that Council note the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 29 October 2020.

20-002

Resolved that Council adopt the following Committee Recommendation:

Report No. 3.1 Adoption of Minutes from previous Floodplain Risk Management Committee Meeting

File No: I2020/1629

Committee Recommendation 3.1.1

That the minutes of the Byron Shire Floodplain Risk Management Committee Meeting held on 20 August 2020 be confirmed.

20-003

Resolved that Council adopt the following Committee Recommendations:

Report No. 4.1 Mullumbimby Land Release Areas (MLRA) Flood and Stormwater Assessment

File No: I2020/1589

Committee Recommendation 4.1.1

1. That Council acknowledges the adoption of the North Byron Flood Risk Management Study and Plan.

2. That Council note the presentation regarding the Mullumbimby Land Release Areas and the associated DRAFT Flood Impact Assessment (Attachment 1 – E2020/43608).

3. That Council note the importance of evacuation management for the site and the existing constraints in relation to evacuation capacity of Mullumbimby township, as identified in FRMS&P at action RM07.

4. That Council commences holistic analysis of emergency management for the proposed area.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Incident Management System Trial Event - East Coast Low - 11 December 2020

Directorate: Infrastructure Services

Report Author: Scott Moffett, Drainage & Flood Engineer, IS - Works - Infrastructure Planning

File No: I2021/6

Summary:

Presentation on Incident Management System (IMS) trial event for the East Coast Low on 11 December 2020

RECOMMENDATION:

That Byron Shire Floodplain Risk Management Committee note the presentation summarising the Incident Management System (IMS) trial event for the East Coast Low on 11 December 2020. (E2021/4075)

Attachments:

1 Byron Flood Committee Meeting Draft Presentation for 28 January 2021 meeting - Scott Moffett, E2021/4075 , page 13 ⇩