Agenda of Ordinary Meeting - Thursday, 28 April 2022

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 Land and Funds for Emergency Accommodation

File No: I2022/353

I move:

1. That:

a) Council’s Finance Department identify any matured stocks, bonds or other funds that are not already committed to specific purposes and allocate the identified funds to the purchase of Supported Temporary Emergency Accommodation and infrastructure to support this accommodation that may go on council, State, Crown or private land.

b) Council applies for funding from State and Federal government to provide the community with Temporary Supported Emergency Accommodation.

c) Council allocates a portion of the Mayoral Fund to specifically finance Temporary Supported Emergency Accommodation for the community in need, to be made available for Council owned, State Owned, Crown land or Private land.

2. That:

a) Council identifies all parcels of Council owned land that could hold Temporary Supported Emergency Accommodation for residents affected by floods, fires or any natural or declared national disasters.

b) Council owned land could host Temporary Supported Emergency Accommodation that includes pet friendly accommodation options that may not be provided through private landholders or elsewhere.

c) Council’s Planning Department submit any necessary Development Applications or Planning amendments to facilitate all manner of Temporary Supported Accommodation types such as motorhomes, tiny homes, modular and pod homes on Council owned land.

Signed: Cr Sama Balson

Councillor’s supporting information:

It was identified during our last Flood response meeting, that Byron Shire currently has over 500 households and1,287 people displaced by the February/ March floods 2022. Byron Shire already had a housing emergency, we now have a housing catastrophe.

I note that there is now a provision by State Government for landlords to host mobile homes for persons affected by the flood national emergency and that there is intended State funding as well as potential State land in discussion that may provide accommodation pathways, however right now there is private land and potential council owned land that may provide additionally needed accommodation. Funding remains a key issue to get this underway expediently.

If we identify and access existing funds available, we can start the delivery of housing outcomes alongside State Initiatives, that can broaden the scope and reach a higher demand for the diverse accommodation needed.

Pet friendly accommodation is desperately needed for local residents who are otherwise being offered emergency accommodation as far away as Grafton or South Brisbane. Families and individuals already facing flood trauma should not be faced with the additional trauma of having to leave their family pets to be able to stay near work and schools in the Byron Shire.

We have a duty of care to ensure we are doing everything within our power to support the community during such a time of need. Please let us ensure all options are being considered and all funding that could be made available to provide emergency accommodation is made available.

Staff comments

by Shannon Burt, Director, Sustainable Environment and Economy and James Brickley, Manager Finance:

The recommendations of this Notice of Motion (NOM) are divided into two sections – finance and planning. Staff responses have been provided accordingly below.

Part 1 Finance:

· Council’s Finance Department identify any matured stocks, bonds or other funds that are not already committed to specific purposes and allocate the identified funds to the purchase of Supported Temporary Emergency Accommodation and infrastructure to support this accommodation that may go on council, State, Crown or private land.

· Council applies for funding from State and Federal government to provide the community with Temporary Supported Emergency Accommodation.

· Council allocates a portion of the Mayoral Fund to specifically finance Temporary Supported Emergency Accommodation for the community in need, to be made available for Council owned, State Owned, Crown land or Private land.

Comments from Manager Finance

In summary, it is suggested that Council does not have any funds adequate to assist with part 1(a) of this Notice of Motion.

The reference to bonds, stocks or other funds are assumed to be a reference to Council’s investment portfolio. Essentially the value of Council’s investment portfolio is committed for specific purposes and represents funds that are set aside for specific purposes already determined by Council through allocation in it’s current 2021/2022 budget and annual adoption of its Financial Statements.

Council has an adopted goal of maintaining an unrestricted cash balance of $1million. Based on the current 2021/2022 budget, this balance is estimated to be at $481,000 at 30 June 2022 but this outcome is prior to consideration of any financial impact upon Council associated with the February/March 2022 flood event. Council is currently half a million dollars below its preferred target to maintain some form of buffer against unforeseen expenditure or revenue loss.

Council is yet to consider the 31 March 2022 Quarterly Budget Review that will be presented to the 26 May 2022 Ordinary Meeting. It is likely that the current budget deficit for 2021/2022 of $36,600 may very well increase and therefore the unrestricted cash balance may very well further decline due to the following:

· Further decline in interest revenue from current historic low interest rates.

· Cumulative impacts of revenue losses since 1 July 2021 due to the Pandemic

· The need for Council to identify funding of up to $200,000 as its contribution to the restoration of infrastructure damaged by the floods.

· Council may need to absorb costs associated with the flood recovery that may not be funded but already incurred via any Commonwealth or State Government natural disaster funding

Information was recently provided to Councillors about the other problems that would be created if it reallocated any of its reserves known as ‘internal restrictions’ from their designated purposes. Council cannot reallocate any of its reserves known as ‘external restrictions’.

It can only be stressed that Council needs to be careful with its current financial position given the current circumstances that the February/March 2022 flood event has presented to Council itself and that it really does not have the capacity or ability to support in any meaningful way what Part 1(a) of this Notice of Motion is suggesting.

Whilst Part 1(c) of this Notice of Motion suggests that Council reallocate part of the Mayoral Fund to finance Temporary Supported Emergency Accommodation which is a decision for Council, that may require Council to alter the terms of reference for this Fund. That aside, at the time of preparing this response, the Mayoral Fund is yet to receive any donations.

Part 2 Planning:

Comments from Director Sustainable Environment and Economy:

· Council identifies all parcels of Council owned land that could hold Temporary Supported Emergency Accommodation for residents affected by floods, fires or any natural or declared national disasters.

· Council owned land could host Temporary Supported Emergency Accommodation that includes pet friendly accommodation options that may not be provided through private landholders or elsewhere

· Council’s Planning Department submit any necessary Development Applications or Planning amendments to facilitate all manner of Temporary Supported Accommodation types such as motorhomes, tiny homes, modular and pod homes on Council owned land.

Since the 2022 flood events staff have worked tirelessly and proactively alongside state government including the Premiers Department, Planning Department and Resilience NSW, as well as other northern region councils to identify solutions to house those displaced and living in temporary / emergency accommodation the result of the flood events.

To this end:

· A web link has been provided to advise of Temporary accommodation options - Byron Shire Council (nsw.gov.au) as per the recent State Government announcements. Separately, enquiries from landowners about camping ground and or caravan park development on private land for housing those displaced from the 2022 flood events are being logged and responded to as required by staff.

· 20 motorhomes have been set up at Byron Hospital for use in relation to COVID – servicing the whole region – Northern Rivers Health initiative.

· Staff identified around 14 council and crown land sites for consideration for temporary housing. These sites were presented to the Department of Planning (DPE) Flood Housing Recovery Team for consideration. Advice back from the Team was that 4 of these sites were deemed appropriate for immediate use and would be prioritised for temporary accommodation by the State Government. The remainder of the sites could be further considered for medium to longer term housing needs as part of the wider flood housing recovery process.

· Following this, staff met with representatives of the State Government Architect’s office to look at the various forms of temporary accommodation available, and that could suit the prioritised sites, as well as confirming site planning and set up requirements to ensure that safe occupation and servicing of the sites could occur.

· Director Sustainable Environment and Economy now sits on the State Housing Recovery Taskforce. This Taskforce is a cross agency group within the NSW Government Flood Recovery Governance structure that has been set up to address short, medium, and long-term housing issues arising out of the 2022 flood events. This taskforce meets weekly. The key points from the most recent meeting being:

o 17 plus sites across 5 LGAs identified for temporary housing for 2000 plus households.

o Pop up temporary housing village designs progressing with each council on their priority sites.

o The key selection criteria include: • impacts of hazard (flooding and bushfire) • land ownership • current planning controls • access to water, sewerage, electricity, and roads • access to local services and shops

o Planning/SEPP amendments to enable the temporary housing on these sites expected to be notified shortly

o Notification process about the temporary housing sites aka pop-up villages in each council area to be coordinated by DPE Flood Recovery Team & Resilience NSW. Council to be consulted and advised of this as it is to occur.

o Pod Procurement update provided – multiple options looked at – EOI process used with a matrix of type, number, and delivery time frame. These need to be matched with sites. Supply is a challenge.

o Legislation changes to enable temporary housing on prioritised sites to be valid for up to 5 years. As such site planning must be undertaken properly.

o A community housing provider will be appointed as site manager of each of the sites to ensure appropriate selection and management of occupants, alongside Resilience NSW as the land manager for the length of the lease.

o Further funding package announcements are likely for planning and engagement re recovery and rebuilding options for flood impacted communities; to support emergency accommodation needs, support extension of emergency accommodation; to address the undersupply of social and affordable housing pre flood.

Below is a summary of the State Government endorsed process for temporary housing:

Below is a link to a recent announcement of the Ballina Shire ‘pod village’ and funding from the NSW Premier for investment in temporary modular housing to give people displaced by floods a home while they rebuild their lives.

$350 million modular housing package for flood-affected communities | NSW Government

Staff are confident that the 4 prioritised sites in Byron Shire will be progressed to announcement in the coming week/s.

In addition to the above, prior to easter, staff went about identifying emergency accommodation options for those displaced by holidaymakers following media reports that many people would be left car camping in the streets. Site availability at Mullumbimby Showground, Bangalow Showground investigated for motorhome, caravans, and tents.

Discussions with Service NSW also ensued about meanwhile use buildings in the Byron Town Centre.

As a last resort, the Cavanbah Sports Centre carpark was proposed as a pop-up drive-in camp area. A request for igloo style lockable tents was also made to DPE Flood Recovery Housing team after these were put on the table as an option by the State Government Architect’s office. These were not available as it seems. Notwithstanding the above, the camp area was established for the easter period (in consultation with the Mullumbimby Neighbourhood Centre), with no take up use.

BYRON SHIRE COUNCIL

Notices of Motion 9.2

Notice of Motion No. 9.2 Non-compliant companion animals

File No: I2022/283

I move that Council:

1. Notes the recent perceived increase in the number of dogs visible in the Shire;

2. Acknowledges that a ‘Dogs in Public Spaces’ Strategy is being developed but the Community Engagement stage has been delayed by the recent floods;

3. Shares the concern of many residents and visitors at the numbers of dogs in sensitive ecological areas and on public beaches and barking dogs in residential areas;

4. Notes that there is substantial evidence demonstrating that the presence of dogs has a negative impact on biodiversity;

5. Notes the priorities regarding dogs and cats in the adopted (Council Ordinary 24/3/22) Compliance Priorities Program Report 2021; and

a) requests staff to put further priority and emphasis on nuisance or off-leash dogs in environmentally sensitive areas such as Lilly Pilli, Belongil and Tallows estuaries and adjacent beaches,

b) requests staff to put further enforcement priority and emphasis on off-leash dogs in towns and villages,

c) enhances community messaging of 5(a) and 5(b) through local media and any other channels,

d) conveys the same to tourism and accommodation operators;

6. Prepares a six-month review report, including any barriers to compliance in this area; and

7. Continues to work with NPWS to discourage the presence of dogs in National Parks and reserves.

Signed: Cr Michael Lyon and Cr Cate Coorey

Councillor’s supporting information:

From the Compliance Priorities Program Report 2021:

Very High Priority 1.3

Dangerous and/or menacing dogs;

High Priority 2.4
Uncontrolled dogs and/or cats including those kept on land where Policy or Development consent prohibits it.

Routine Priority 4.1

Companion animals with a high emphasis on high visibility enforcement and public education

Customer Request Management Received 2021
Dogs Attacks	101
Dogs Barking	128
Dogs Found	123	415
Dogs Nuisance	292	415
Dogs Restricted	5
TOTAL	649
Companion Animal related penalty infringements issued on daily patrols	57 * increase from 32 in the previous reporting period	$23,115 value of fines

There appears to be an increase of dogs in the Shire in public places. News reports say that there is an overall increase of dogs Australia wide: https://www.dailytelegraph.com.au/news/nsw/australian-pet-ownership-reaches-record-high-during-covid-pandemic/news-story/3d6bafa280bd2715056c28a4961aeecd

Dogs with well-behaved owners are not the focus of this NoM - rather, it is people who do not control their dogs in places where they should be controlled. Byron can only be dog-friendly if dogs and their owners are people and wildlife-friendly. Many people are experiencing being uncomfortable or threatened by the presence of dogs and they are often frightening to children. Dogs have been seen running on beaches where they are not allowed, disturbing beachgoers and attacking other dogs. I have seen dogs chasing wallabies. It is terrifying for the wallaby but I have had an owner say to me that it’s just the dog having a bit of fun. It can literally cause the animal to die of fright.

Byron has a strong history of preserving and protecting wildlife but this is being eroded by increasing numbers of visitors into wild areas and local people whose actions threaten our biodiversity. The world is in a biodiversity crisis, caused by human activity – particularly habitat loss or incursions into habitat.

The presence of dogs as an inhibitor of bird activity is well researched, eg:

https://www.researchgate.net/publication/6055768_Four-legged_friend_or_foe_Dog_walking_displaces_native_birds_from_natural_areas
Peter B. Banks and Jessica V. Bryant. School of Biological, Earth and Environmental Sciences, University of New South Wales.

STUDY USED SEVERAL NATIONAL PARKS SITES WITH:

1. PERSON WALKING WITH DOG

2. PERSON WALKING ALONE

3. CONTROL – NO WALKING ACTIVITY

 Cautious conservation managers and government legislation typically ban domestic dogs from sensitive areas such as national parks and reserves, however, these bans induce strong protest from dog-walking lobbyists who cite a lack of evidence because multispecies responses of wildlife to dog walking are unknown.

 Dog walking caused a 41% reduction in the numbers of bird individuals detected and a 35% reduction in species richness ( compared with untreated controls)

 Humans walking alone also induced some disturbance but typically less than half that induced by dogs . Ground dwelling birds appeared most affected; 50% of the species recorded in control sites were absent from dog-walked sites.

 For birds which did not flee the site, there were 76% fewer individuals within 10 m of when dog walking occurred compared with control sites, suggesting that birds were seeking refuge away from the immediate vicinity of the threat.

 In the experiment testing bird responses to single and multiple walkers without dogs, bird abundance did not change with the addition of another human. This confirms that birds responded uniquely and additively when do and additively when dogs accompany walkers.

 Even dogs restrained on leads can disturb birds sufficiently to induce displacement and cause a depauperate local bird fauna.

 These effects were in excess of significant impacts caused by human disturbance, which also caused decline in diversity and abundance. Responses to transient human disturbance are well known.

Staff comments

by Sarah Nagel, Manager Public and Environmental Services, Sustainable Environment and Economy:

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

Staff have spoken to Cr Lyon and Cr Coorey prior to the agenda being published to clarify this notice of motion.

Section 32A of the Companion Animals Act defines a ‘nuisance dog’ to be:

(a) is habitually at large, or

(b) makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or

(d) repeatedly runs at or chases any person, animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock) or vehicle, or

(e) endangers the health of any person or animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock), or

(f) repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.

Pursuant to Council’s 2022 Compliance Priorities Program, dangerous or menacing dogs fall within the category of ‘very high priority’, uncontrolled dogs fall with the category of ‘high priority’ and noise disturbance (barking dogs) falls with the category of ‘high priority.

Council’s Animal Enforcement Officers patrol areas that have been identified as non-compliant and areas that are notified to Council by the community. Officers also investigate reports of nuisance dogs in accordance with Council’s Enforcement Policy. Officers undertaking these duties are ‘Authorised Officers’ pursuant to the Companion Animals Act 1998 and undertake their duties with the ability to exercise discretion.

Any approach to enforcement of Companion Animal Act offences must be consistent with the intent and objectives of the relevant legislation (including the Companion Animals Act 1998), procedural fairness, natural justice, due process, the NSW Ombudsman’s Enforcement Guidelines for Councils, Council’s Enforcement Policy and Council’s 2022 Compliance Priorities Program.

The concerns relating to nuisance dogs in environmentally sensitive areas is acknowledged. The concerns relating to off-leash dogs and barking dogs in towns and villages is acknowledged.

Staff can improve community safety in these areas though prompt and effective responses via visible and targeted patrols of areas with high reports of non-compliance with proactive enforcement of Companion Animals Act offences.

Staff can enhance community messaging through local media and other means; as well as conveying this message to tourism and accommodation operators.

Staff can prepare a six-month report reviewing progress and noting any barriers to compliance in this area.

Staff will continue to work with NPWS to discourage the presence of dogs in National Parks and Reserves.

Financial/Resource/Legal Implications:

Nil

Is the proposal consistent with any Delivery Program tasks?

Yes

2.4.3.5 Provide Companion Animal Management Services

2.4.3.6 Facilitate Companion Animal Education

CSP Objective	CSP Strategy	DP Action	Code	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	2.4.3: Enhance public safety, health and liveability through the use of council's regulatory controls and services	2.4.3.5	Provide companion animal management services
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	2.4.3: Enhance public safety, health and liveability through the use of council's regulatory controls and services	2.4.3.6	Facilitate companion animals education

BYRON SHIRE COUNCIL

Notices of Motion 9.5

Notice of Motion No. 9.5 Temporary Accommodation - Flood Response

File No: I2022/356

I move that the councillors and management of Byron Shire Council (‘BSC’) develop and publish a Temporary Housing Emergency Plan within 7 days in order to:

1. Communicate the state of play - estimating the number of flood affected residents and households across Byron Shire including homeowners and tenants;

2. Explore immediate housing options - with community, religious and other organisations to meet short term demand for housing in halls and on their property - to keep people close to home, work, health care and school from Easter until the time ‘temporary accommodation’ is installed on government property (which may be 6 to 12 weeks away)

3. Develop a model for community organisations and private landowners to provide accommodation for up to 10 people without a DA - noting that the ‘moveable dwellings’ regulation does not impose an explicit numerical cap on the number of dwellings permitted;

4. Conduct brief consultation meetings - online – for BSC to reality check the diverse needs of residents and capacity of community organisations and others to meet those needs;

5. Outline a plan for the rollout of temporary accommodation after Easter in this LGA -identifying the number of dwellings, number of people that can be accommodated, locations and intended duration of accommodation, financial options (if any) to rent and enable purchase of dwellings; and

6. Review BSC enforcement strategies - to prioritise social outcomes (eg a 6 month moratorium on DA enforcement for temporary solutions; enforcement of existing granny flat approvals which preclude ‘STRA’ usage); and

7. Identify opportunities to learn from this experience and develop longer-term affordable housing solutions for the LGA as the Temporary Housing Emergency Plan is implemented.

Signed: Cr Mark Swivel

Councillor’s supporting information:

1. We have 500 households and 1280 people needing temporary accommodation, maybe more.

2. Many residents will remain in emergency accommodation, some out of the Byron Shire LGA, and many are in short term ‘couch surfing’ situations or ‘cars’.

3. There will be a time lag after Easter of 6 to 12 weeks (perhaps longer) in implementing the formal ‘temporary accommodation’ solutions funded and delivered by state government.

4. The social instability created by the under-resourced response across the region to the housing and accommodation crisis is a serious and pervasive concern.

5. Measures for Easter and plans for ‘pod villages’ are welcome and plauded but BSC must use whatever tools it can to improve outcomes for community members.

Staff comments

by Shannon Burt, Director, Sustainable Environment and Economy:

The recommendation of this Notice of Motion (NOM) includes development and publishing of a Temporary Housing Emergency Plan within 7 days of resolution of council on same.

Depending on the final resolution of council, a timeframe of 7 days is unlikely to be met by staff due to the work generated by the NOM as it stands and the interplay it has with other state agencies work, and should be subject to further consideration.

Noting the above, staff responses have been provided below to address each of the items of the NOM.

1. Communicate the state of play - estimating the number of flood affected residents and households across Byron Shire including homeowners and tenants;

There are various data sources in existence regarding the number of people and number of accommodation places/spaces available to those displaced from the 2022 flood events.

Service NSW and Department of Communities and Justice (DCJ) are responsible for the official registrations of people, which are then matched to official places of accommodation. There are also unofficial lists of people and accommodation that are being matched outside the Service NSW and DCJ process. There also remains hidden homelessness in Byron Shire.

Better and more current information about flood affected residents and households in Byron Shire, and the Northern Rivers more widely is now able to be obtained via the State Housing Recovery Taskforce. As this information is provided updates will be communicated via the Local Recovery Committee to councillors and community.

The most recent information for Byron Shire was 1282 persons / 530 households impacted. With over 1000 buildings assessed as having from slight to major damage.

Ordinarily halls, churches and community buildings are not able to be utilised for housing due to planning and building controls. To do so, in most instances would require a change of zone, and or a development application. As such this proposal is not considered an immediate option to address the housing needs of displaced residents from the 2022 flood events.

Additionally, prior to easter, staff went about identifying emergency accommodation options for those displaced by holidaymakers following media reports that many people would be left car camping in the streets. Site availability at Mullumbimby Showground, Bangalow Showground investigated for motorhome, caravans, and tents.

Discussions with Service NSW also ensued about meanwhile use buildings in the Byron Town Centre.

There is already a legislative framework under which ‘moveable dwellings’ can be permitted on land outside of a caravan park or camping ground.

Provided that community organisations and private landowners work within the legislation exemptions up to ‘10 people’ (not 10 dwellings) may be able to be accommodated on land. Details below:

A Moveable dwelling is defined in the Local Government Act 1993 (LG Act) as:

• any tent, caravan or other portable device (whether or not on wheels) used for human habitation;

• a manufactured home; or

• any conveyance, structure or thing of a class or description prescribed by the regulations.

These structures are either transportable, or easier to disassemble and relocate than other types of buildings used for human habitation.

Generally, a person is required to obtain council approval if they plan to install and occupy a moveable dwelling on their land (section 68 of the LG Act).

However, clause 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 (LG Regulation) provides a number of exceptions to this requirement, including clause 77(1)(d).

This permits the temporary installation of a moveable dwelling on land without council approval if the moveable dwelling is:

• to accommodate a person displaced by natural disaster (i.e. flood),

• maintained in a safe and healthy condition, and

• removed within 2 years of its installation.

This exception is intended to give affected homeowners/community an interim housing solution whilst they repair or rebuild their home, or progress plans for more permanent arrangements.

At the end of the 2-year exemption period, the moveable dwelling must be removed from the property unless another approval has been secured. If a landowner proposes to retain a moveable dwelling for longer than 2-years, an approval is required under section 68 of the LG Act. The LG Regulation gives councils the power to extend this period through their local approvals policy.

Clause 77(1)(d) of the LG Regulation enables a landowner to install one moveable dwelling on any land to accommodate a person who has been displaced by a natural disaster i.e., flood. There is no specific size limitation on the movable dwelling to be installed.

While it may be possible under clause 77 to install more moveable dwellings on the same land using the other exemptions, this is only possible if the criteria for the relevant exemption is met. For example: you may be able to have additional caravans or tents for a limited time; a caravan on land for use by a family member, a caravan for a seasonal worker.

Before installing a moveable dwelling, a person must have owner’s consent and the movable dwelling needs to be installed on a part of the land that is safe and suitable. For example, as part of determining where the moveable dwelling can go things like: flood risk; risk of bush fire; access to services; and appropriate evacuation routes must be taken into account.

Note also that a Section 68 approval will be required to connect a movable dwelling to an on-site sewage management system where it is not deemed self-sufficient. Site operating systems, location and capacity will otherwise dictate what can be accommodated on a site.

Outside of this, 2 or more moveable dwellings installed on land (same lot) would require development consent under the Environmental Planning and Assessment Act for the use of land as a caravan park, camping ground or manufactured home estate.

A web link has been provided to advise community of this Temporary accommodation options - Byron Shire Council (nsw.gov.au). Separately, enquiries from landowners about camping ground and or caravan park development on private land for housing those displaced from 2022 flood events are being logged and responded to as required by staff.

Comment from Legal Counsel

A reference to section 8 of the Interpretation Act 1987 has been utilised to suggest that when “Moveable dwelling” is referred to in clause 77 of the Regulations, it must be a reference to the plural as well – this is not necessarily the case in every statute – for example, see the commentary of Rees J (citation below):

“While reference to a word in the singular includes a reference to the word in the plural form (section 8(b), Interpretation Act 1987 (NSW)), the Interpretation Act does not preclude the operation of provisions as drafted and also permits a process of selective pluralising or singularising such that not every singular word need be pluralised and vice versa. These are matters to be resolved by the ordinary process of statutory construction including having regard to the purpose of the provision and whether one of the competing constructions leads to unfavourable consequences: Perry Herzfeld, Thomas Prince, Interpretation (2nd ed, 2020, Lawbook Co) at [4.80] and the authorities there cited”
VENTIA AUSTRALIA PTY LTD v BSA ADVANCED PROPERTY SOLUTIONS (FIRE) PTY LTD [2021] NSWSC 1534; [28]

Clause 77 sets out the circumstances where moveable dwellings may be installed on land (not a caravan park or camping ground) without approval. It should be noted that the terms “moveable dwelling” and “caravan” are both used in the clause. A caravan is a type of moveable dwelling, so where ‘caravan’ is referred to, it is only a caravan that can be installed in the circumstances prescribed under the Regulation.

Only one caravan can be installed on land in connection with the owners dwelling house can be installed, and the use of it needs to be connected with the household (cl 77(1)(b))

Where 2 caravans are installed, the time frame for installation is limited (cl 77(1)(a)

A moveable dwelling (this is the broader term – so it could be a caravan, or tent, manufactured home or other portable device – see definition under the LG Act) can be placed on land to accommodate a person displaced as a result of a natural disaster

Considering all these provisions together, there are limited circumstances where caravans can be installed on land without approval – only where the owner of the land is connected with the use of the caravan, or where the timeframe is limited. However there is a further circumstance where a moveable dwelling can be installed on land where a person has been displaced by a natural disaster – in that circumstance, there is no need for a “connection” to the owner of the land, and the timeframe is extended – up to 2 years. Taking into consideration the form and structure of this provision, it is unlikely more than one moveable dwelling can be installed on land to accommodate a person displaced as a result of a natural disaster.

Arguably to interpret the provision in that way (moveable dwelling as plural) could lead to unfavourable consequences (see case reference above) – an unlimited number of moveable dwellings is the consequence of interpreting “moveable dwelling” as plural in clause 77(1)(d). Installing 3 or more caravans on a small parcel of land in central Mullumbimby, accommodating numerous people has amenity impacts, and health impacts having regard to sanitary disposal issues and the like. It is likely that “moveable dwelling” in the context of clause 77 would be interpreted in the singular.

4. Conduct brief consultation meetings - online – for BSC to reality check the diverse needs of residents and capacity of community organisations and others to meet those needs;

Engagement is ongoing and taking many forms. Further engagement with impacted community and organisations to be developed as part of the local recovery response process.

The NSW Government has announced $350 million investment in temporary modular housing across the northern rivers to give people displaced by floods a place to call home while they rebuild their lives. Discussions are underway with local councils across Tweed, Byron, Ballina, Richmond Valley and Lismore Local Government Areas to identify suitable sites for the homes.

Byron Shire Council staff are supporting the State Government in the identification of publicly owned sites suitable for temporary modular housing. The NSW Government will lead the delivery of temporary housing throughout the region with co-operation from Councils. Further details of this program are not yet clear at this point in time.

The adopted Enforcement Policy of Council (as per the Ombudsman Guidelines) already provides for Council to make enforcement decisions in an unbiased, consistent, balanced, and impartial manner. And the implementation of risk-based regulation to protect the environment, local economy, and the community of Byron Shire.

Enforcement Policy - Byron Shire Council (nsw.gov.au)

7. Identify opportunities to learn from this experience and develop longer-term affordable housing solutions for the LGA as the Temporary Housing Emergency Plan is implemented.

Lessons learn from the 2022 flood events and identifying medium to long term housing solutions for Byron Shire will be part of the work that the State Housing Recovery Taskforce completes in the coming 12 months. This Taskforce is a cross agency group within the NSW Government Flood Recovery Governance structure that has been set up to address short-, medium- and long-term housing issues arising out of the 2022 flood events.

The Taskforce is responsible for: · Delivering an overarching conceptual strategy for approval by Government that covers the transition from immediate responses for emergency accommodation, through short term temporary accommodation through to the resolution of how to ‘Build Back Better’, including potential relocation of settlements. · Developing and delivering on the taskforce’s plan on a page and 100-day Flood Action Plan outcomes.

The Director Sustainable Environment and Economy attends the weekly meetings of the Taskforce and reports back to the Local Recovery Committee and council accordingly on their work plan.

Financial/Resource/Legal Implications:

Various implications re resourcing and funding depending on resolution of council.

Is the proposal consistent with any Delivery Program tasks?

CSP Objective	CSP Strategy	DP Action
Community Objective 4: We manage growth and change responsibly	4.5: Work to improve community resilience in our changing environment	4.5.1: Develop and implement strategies for our community's needs

While there is an action that this work can be linked to in the current Delivery Program, it needs to be understood that there is no current Operational Plan link to the 2022 Flood Event. This has meant that many staff have been redeployed and or seconded to this work, which has and is having an impact on current adopted Operational Plan activities.

BYRON SHIRE COUNCIL

Submissions and Grants 11.1

Submissions and Grants

Report No. 11.1 Grants March 2022

Directorate: Corporate and Community Services

Report Author: Donna Johnston, Grants Coordinator

File No: I2022/308

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 grant applications.

RECOMMENDATION:

1. That Council notes the report and Attachment 1 (#E2022/30893) for Byron Shire Council’s grant submissions as of 31 March 2022.

2. That Council requests a report on the Voluntary House Raising Scheme detailing the process and co-contribution funding requirements.

Attachments:

1 Grants Report March 2022, E2022/30893

Report

Currently Council has 21 grant submissions awaiting determination; refer Grants Report March 2022 attachment.

Successful applications

No successful applications advice received in March 2022.

Unsuccessful applications

No unsuccessful applications advice received in March 2022.

Applications submitted

No applications submitted in March 2022.

Upcoming grant opportunities

Floodplain management grants | NSW Environment, Energy and Science – 2022-23

Application date extended until 5 May 2022 due to recent AGRN 1012 natural disaster flooding event. Four streams are available and include:

1. Flood Study (including data collection).

2. Prepare or review a floodplain risk management study and plan.

3. Investigate, design and/or feasibility study (where required) for works and new flood warning systems identified in a floodplain risk management plan.

4. Implementing actions identified in a floodplain risk management plan.

According to the funding guidelines generally, the highest priority will be given to the following projects:

• flood studies or floodplain risk management studies and plans (or reviews) where existing communities are exposed to flood risk, but this risk is not fully understood or managed, or with significant development pressures

• the next stage of a mitigation work that is integral to a stage in progress; for example, the next stage of a levee project or works to offset the impacts from a levee project being constructed

• mitigation works that are identified as a high priority in floodplain risk management plans adopted by councils.

Applications require co-contribution of $1 for every $2 requested (except where special consideration is provided).

Staff are preparing the following applications:

1. Byron Shire Overland Flow and Drainage Upgrade Study

Total value: $250,000

Flooding and drainage issues within the Byron Shire are from a combination of creek and riverine flooding, coupled with significant overland flooding, as water makes its way to creeks and rivers.

Funding is required to enhance Council’s resourcing to undertake the project within the most affected towns. This project was identified as a high priority action from the North Byron Flood Risk Management Plan, 2020.

2. Voluntary House Raising Scheme (VHRS)

Funding for houses as prioritised under Council’s Flood Risk Management Study and Plans for North Byron, Brunswick River, Belongil Creek and Tallow Creek.

Voluntary house raising (VHR) is a flood risk management tool which involves raising a home above the minimum flood design level or relocating a home within its current lot to higher ground.

· Only Councils can apply; it is not open to homeowners.

· It is only available for residential properties, not commercial or industrial.

· Only available for properties with buildings that were approved and constructed prior to 1986.

· Funding is only available for properties identified in a VHRS that has been subject to a Scoping Study or clearly scoped and identified through the Flood Risk Management Plan.

· Properties which are benefiting substantially from other floodplain mitigation measures – such as houses already protected by a levee or those that will be – will not be funded for VHR.

Further information on the eligibility criteria and implementation of voluntary house raising projects is available at Current grants | NSW Environment and Heritage.

Council’s current Flood Risk Management Study and Plans have identified a list of approximately 60 properties that may be eligible under the VHRS.

A co-contribution is required; funding ratio of $2 government to $1 Council or homeowner contribution. A report to Council outlining potential options and process, is being prepared and will be reported to Council in June 2022, following a Strategic Planning Workshop.

It should be noted that only about two houses per year per local government area are awarded, but it can vary depending on the number of applications received and the state funding available.

To assist with community enquiries, a factsheet has been prepared and is available on Council’s website Voluntary house raising scheme - Byron Shire Council (nsw.gov.au).

The NSW Floodplain Management Grants are not likely to be announced prior to November 2022.

3. Review of Belongil and Tallow Floodplain Risk Management Plans

Total value: $150,000

Following the February/March 2022 AGRN 1012 natural disaster event, Council staff and external agencies will have access to new flood information.

The new information will be used to review and update the Belongil Creek and Tallow Creek Floodplain Risk Management Plans (FRMP) and incorporate potential new recommendations and flood knowledge.

The update is required due to the age of the documents (Belongil Creek FRMP, 2015 and Tallow Creek FRMP, 2015).

Floodplain Risk Management Plans provide an understanding of the current and future flood risk within the catchment and investigates a suite of management options to mitigate risk.

4. Evacuation Route Review and Update

Total value: $150,000

A review and update of evacuation routes in the Byron Shire; Mullumbimby being a priority. This project will require close collaboration with SES and other relevant State agencies. The project was identified as a high priority action from the North Byron Flood Risk Management Plan, 2020.

It has been identified that the review will be undertaken by an external agency and therefore, will not require a Council application.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	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)	5.6.12.2	Provide sound 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, this would bring funding sought to approximately $27 million 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. Please note that the Bioenergy Byron Facility has been submitted under two different funding programs; both are included in the total value below.

The potential funding is detailed below:

Requested funds from funding bodies $27,919,213

Council Contribution Cash $32,330,212

Council Contribution In-Kind $36,000

Other contributions $47,140

Funding applications submitted and

awaiting notification (total value) $60,362,565

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 Crown Reserves - Update on deferred classification and categorisation applications

Directorate: General Manager

Report Author: Shannon McKelvey, Executive Officer

File No: I2022/307

Summary:

With the commencement of revised Crown Lands Management legislation, NSW councils have been working with the Department of Planning and Environment - Crown Lands (DPE-CL) to progressively assess, classify and categorise crown reserves managed by councils. Council lodged its applications for reserves in this Shire in 2019 and the bulk of reserves were classified and categorised in 2020 and 2021, with a small handful deferred by DPE-CL. This report provides an update on seven of the deferred reserves and details of next steps Council has been requested to take in relation to two of those reserves.

RECOMMENDATION:

That Council apply to the Minister administering Crown Lands Management Act 2016 for classification of Crown Reserves R65234, R73709, R73711 as Operational Land under the Local Government Act 1993.

Attachments:

1 Location of Crown Reserve R65234, E2022/35053

2 Location of Crown Reserves R48640, R73709 and R73711, E2022/35055

3 Directed categories for Crown Reserve R82000 Main Beach Foreshore, E2022/35056

4 Directed categories for Crown Reserve R97066 Suffolk Park Foreshore, E2022/35057

Report

Following the 2018 commencement of new Crown Lands Management legislation, NSW councils have been working with the Department of Planning and Environment - Crown Lands (DPE-CL) to progressively assess, classify and categorise some crown reserves according to requirements of the Local Government Act 1993. The crown reserves involved in this process are those reserves where Council has been appointed (by notice published in the gazette) as the Crown Land Manager.

Council lodged its applications for classification and categorisation in 2019 and the bulk of reserves were classified and categorised in 2020 and 2021. A small number were deferred because either:

1. additional steps had to be taken by DPE-CL before Council’s applications could proceed – there are still two areas of Crown Land that this applies to which remain deferred;

2. DPE-CL wanted to undertake further investigations into the reserves before making a final decision on their classification or categorisation.

DPE-CL have completed investigations and made final decisions for seven reserves that fell into the second category. Details are provided below but in summary:

· for 2 reserves, DPE-CL have rejected Council’s proposal and requested that Council instead apply for Operational Land classification. A Council resolution is required to make the applications.

· for 2 reserves, DPE-CL have confirmed that the Council’s proposal is appropriate and those applications can proceed. No further action is required from Council for these reserves.

· for 3 reserves, DPE-CL have completed the categorisation applications and made final categorisation decisions.

More details are provided below:

a) Reserve R65234 – Keyes Bridge, Federal – gazetted purpose Rubbish Dump – Refer to Attachment 1

Council resolved to seek a Natural Area (Bushland) categorisation. Following their investigations, DPE-CL have determined that classification of the reserve as Community Land would be inconsistent with its gazetted purpose. Instead, Council has been requested to lodge an Operational Land classification application for this reserve.

An Operational Classification will not alter current uses, licence to the local landcare group or activities on the reserve and it will not enable Council or community to do anything more or less with the reserve. It will mean that Council will not be required to adopt a Plan of Management for it.

b) Reserves R48640, R73709 and R73711– Brunswick Heads - gazetted purposes Night Soil Depot and Sanitary Purposes Refer to Attachment 2

These reserves adjoin the former Brunswick heads Sewerage Treatment Plant. Historical uses of reserves for these types of gazetted purposes often resulted in contamination. The adjoining former Brunswick Heads Sewerage Treatment Plant site which Council acquired was contaminated and following the STP’s closure, Council has expended considerable funds remediating this land. The contamination status of the crown reserves is currently unknown (although some contamination associated with historic rubbish dump uses has been located nearby).

For reserves R48640 and R73709 Council resolved to seek an Operational Land classification. DPE-CL have confirmed that they support Council’s proposal and these applications can proceed.

For reserve R73711 Council resolved to seek a Community Land classification and categorisation as General Community Use but this has been rejected by DPE-CL. Following their investigations, DPE-CL have determined that classification of the reserve as Community Land would be inconsistent with its gazetted purpose. Instead, Council has been requested to lodge an Operational Land classification application for this reserve, which would require a Council resolution.

An Operational Classification will not alter current uses and activities on the reserve or enable Council or community to do anything more or less with the reserve. It will mean that Council will not be required to adopt a Plan of Management for it.

c) R82000 Main Beach Foreshore – gazetted purpose Public Recreation

Council resolved to seek categorisation of the reserve as General Community Use* to accommodate the existing low impact commercial activities that occur on the reserve and provide the community with flexibility to decide locally through the Plan of Management process how this iconic reserve would be used and managed in the future.

After their investigations DPE-CL have categorised the reserve as a mix of Park, General Community Use and Natural Area (Bushland or Foreshore). The different areas are shown in the maps at Attachment 3. The reason given was that the proposed single category* would not adequately capture the natural features of the reserve.

The directed categorisations will place some restrictions on what uses and activities a Plan of Management can authorise on the Reserve. Current activities will be able to continue but Council will have to take additional steps to seek Minister approvals if community ask for additional uses through the Plan of Management process.

d) R97604 – South Beach Brunswick - gazetted purpose Caravan and Camping.

Council resolved to seek categorisation of the reserve as Natural Area*. After their investigations DPE-CL have categorised the reserve General Community Use. The reason given was that General Community Use was most closely aligned with the gazetted purpose of the reserve.

The directed categorisation will not alter current uses and activities on the reserve and will most likely accommodate any additional uses the community asks for during the Plan of Management process.

e) R97066 – Suffolk Park Foreshore – gazetted purpose Public Recreation

Council resolved to seek classification of a small part of the reserve as Operational land which has been rejected. For the remainder of the reserve, Council resolved to seek a General Community Use* categorisation to accommodate the low impact commercial activities that occur on the reserve and to provide the community with flexibility to decide locally through the Plan of Management process how this reserve would be used and managed in the future. This has also been rejected.

Following their investigations, DPE-CL have categorised the whole reserve as Community Land, Natural Area (Bushland or Foreshore). The areas are shown in the maps at Attachment 4. The reason given was that that proposed category was not most closely aligned with this gazetted purpose of the reserve or its land use.

The directed categorisations will place some restrictions on what uses and activities a Plan of Management can authorise on the reserve. Current activities will be able to continue but Council will have to take additional steps to seek Minister approvals if community ask for additional uses through the Plan of Management process.

* NB Council’s resolutions from 2018 and 20119 have to be considered in the context of the rules that applied at that time. In particular, Council’s capacity to categorise reserves was constrained by a ‘one purpose-one category’ rule that DPE-CL was then strictly imposing. That rule prohibited councils from applying for more than category when a reserve had a single gazetted purpose. DPE-CL later abandoned the rule after lobbying from councils pointing out the unsatisfactory results it was leading to. Had Council been able to apply for multiple categories in the first instance, it would have done so for a number of reserves.

Also Attachments 3 and 4 have been supplied by DPE-CL in their presented format and alternative versions without the underlying aerial photographs are not yet available.

RECOMMENDATION:

That Council, in accordance with sections 332 and 333 of the Local Government Act 1993:

1. Determines the following four (4) positions as Senior Staff positions:

- General Manager

- Director Corporate and Community Services

- Director Infrastructure Services

- Director Sustainable Environment and Economy

2. Adopts the organisation structure, roles and reporting lines for Senior Staff as detailed in this report and included at Attachment 1 (#E2022/34981).

Attachments:

1 Organisation Structure, E2022/34981

2 Senior Staff positions with roles and reporting, E2022/34978

Report

Background

The Council have a number of statutory duties in relation to determining the designated Senior Staff positions within the organisation structure and roles and reporting lines of Senior Staff positions – see Legal Considerations section below.

The Office of Local Government provides direction in the 2021 Councillor Handbook as follows:

“After consulting with the general manager, the Local Government Act 1993 requires the governing body of the council to determine:

· the senior staff positions within the organisation structure of the council

· the roles and reporting lines (for other senior staff) of holders of senior staff positions

· the resources to be allocated towards the employment of staff.

The general manager is responsible for determining non-senior staff position within the organisation structure of the council but must do so in consultation with the governing body.

The Act requires the positions within the organisation structure of the council to be determined to give effect to the priorities identified in the council’s community strategic plan and delivery program.

The general manager is responsible for the appointment of staff in accordance with the organisation structure determined by the council and the general manager and the resources approved by the council. The general manager is also responsible for the management, direction and dismissal of staff.

In the case of senior staff, the general manager may only appoint or dismiss senior staff after consultation with the council. It is important note that while the general manager should consider the views of the governing body of the council in making a decision to appoint or dismiss a senior staff member, the ultimate decision to do so rests with the general manager and not the governing body. It is therefore not open to the governing body of the council to direct the general manager on the appointment or dismissal of senior (and any other) staff.”

Designating ‘Senior Staff’ positions

Section 322(2) of the Local Government Act (LG Act) sets out minimum criteria for Senior Staff positions. The designation of a position as ‘Senior Staff’ allows a General Manager to appoint staff to those positions on the statutory performance-based contracts (as opposed to non-senior staff positions which are award-governed permanent roles). The positions within the organisation structure that meet the Senior Staff criteria are the current designated positions of:

- General Manager

- Director Corporate and Community Services

- Director Infrastructure Services

- Director Sustainable Environment and Economy

The areas of responsibility of each of these positions are shown below. It is recommended that Council resolve to endorse the continuation of the designation of these positions as Senior Staff.

Roles and reporting lines for senior staff positions

As workshopped with Councillors as part of the induction program, the Organisation Structure with recommended Senior Staff roles and reporting lines is shown in Attachment 1. Additional information provided in the Unit Overviews for each functional area shown in attachment 2. Please note that the Unit Overviews were prepared in late 2021 for the induction program so the information in them is at that point in time and would not reflect, for example, the recently resolved new committee structure or financial updates from the last two quarterly budget reviews.

The structure is designed, as required by s332(1B), to enable efficient delivery of the Community Strategic Plan and Delivery Plan. Over the coming years Council will need to continue to deliver the planned programs and projects but now in addition to the significant work that has arisen from the 2022 floods. Maintaining the highly experienced and skilled workforce that Council has (despite the extreme worker housing cost pressures being experienced in the region) will be critical.

In addition to ensuring Council has capacity to deliver on its commitments, the focus of the current structure on delivery compares favourably with structures of similar sized councils. For example, according to The Australasian Local Government Performance Excellence Program FY21 Report Byron Shire Council:

· had 2% fewer Manager positions and 2% more Team Leader/Supervisor positions than medium sized councils;

· had employee costs representing 29% of total operating expenses, 5% lower than the median for regional councils of 34%;

· delivered capital expenditure (capital works projects) valued at $1,240 per resident, 44% higher than the median for medium sized NSW councils of $860 per resident.

It is recommended that Council resolve to endorse the roles and reporting lines shown in the organisation structure at Attachment 1.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
Community Objective 5: We have community led decision making which is open and inclusive	5.6: Manage Council’s resources sustainably	5.6.10: Use business insights and strategic business planning to continuously improve (SP)	5.6.10.2	Maintain the register and provide status reports on corporate legislative compliance reporting and monitor for currency and non-compliance issues.

Recent Resolutions

At its meeting of 22 June 2017, Council resolved (via Resolution 17-251) the executive and senior staff structure as follows:

- General Manager

- Director Corporate and Community Services

- Director Infrastructure Services

- Director Sustainable Environment and Economy

Legal/Statutory/Policy Considerations

A number of sections of the Local Government Act, 1993, apply including:

- Section 10A(1) and (2a) which provides that Council may close to the public parts of its meetings as comprise the receipt or discussion of information on personnel matters concerning particular individuals

- Section 223 which sets out the elected Council’s role including to:

- develop and endorse the community strategic plan, delivery program and other strategic plans, program, strategies and policies of the Council

- determine the process for appointment and performance monitoring for the General Manager

- determine senior staff positions within the organisation structure.

- Section 332 which sets out requirements for the determination of the organisation structure as follows:

"(1) A council must, after consulting the general manager, determine the following:

(a) the senior staff positions within the organisation structure of the council,

(b) the roles and reporting lines (for other senior staff) of holders of senior staff positions,

(c) the resources to be allocated towards the employment of staff.

(1A) The general manager must, after consulting the council, determine the positions (other than the senior staff positions) within the organisation structure of the council.

(1B) The positions within the organisation structure of the council are to be determined so as to give effect to the priorities set out in the strategic plans (including the community strategic plan) and delivery program of the council."

- Section 322(2) which mandates that positions can only be designated as Senior Staff if the:

“(a) responsibilities, skills and accountabilities of the position are generally equivalent to those applicable to the Executive Band of the Local Government (State) Award, and

(b) the total remuneration package payable with respect to the position is equal to or greater than the minimum remuneration package … payable with respect to senior executives whose positions are graded Band 1 under the Government Sector Employment Act 2013.”

- Section 333 which requires council to review the organisation structure within 12 months after any ordinary election of the council.

- Section 338 which governs the mandatory performance-based contracts for designated Senior Staff positions.

The Local Government (State) Award NSW and NSW and federal industrial laws apply to non-senior staff positions.

Financial Considerations

The recommendations are cost neutral. The addition or removal of senior staff positions or changes to roles and reporting lines can have financial implications which would require a budget to be identified and allocated.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4

Report No. 13.4 Council Investments - 1 March 2022 to 31 March 2022

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2022/298

Summary:

This report includes a list of investments and identifies Council’s overall cash position for the period 1 March 2022 to 31 March 2022 for information.

This report is prepared to comply with Section 212 of the Local Government (General) Regulation 2021.

RECOMMENDATION:

That Council notes the report listing Council’s investments and overall cash position as at 31 March 2022.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 March 2022, the average 90-day bank bill rate (BBSW) for the month of March 2022 was 0.16% Council’s performance to March 2022 was 0.49%. 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 investment return may 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 March 2022

Schedule of Investments held as at 31 March 2022

Purch Date		Principal ($)				Description		CP*	Rating	Maturity Date	No Fossil Fuel	Type	Int. Rate	Current Value
15/11/18		1,000,000.00				NSW Treasury Corp (Green Bond)		N	AAA	15/11/28	Y	B	3.00%	1,004,850.00
20/11/18		1,000,000.00				QLD Treasury Corp (Green Bond)		N	AA+	22/03/24	Y	B	3.00%	961,100.00
28/03/19		1,000,000.00				National Housing Finance & Investment Corporation		Y	AAA	28/03/31	Y	B	2.38%	1,017,060.00
21/11/19		1,000,000.00				NSW Treasury Corp (Sustainability Bond)		N	AAA	20/03/25	Y	B	1.25%	964,820.00
27/11/19		500,000.00				National Housing Finance & Investment Social Bond		Y	AAA	27/05/30	Y	B	1.52%	442,310.00
06/09/21		1,000,000.00				Northern Territory TCorp		N	Aa3	15/12/26	Y	B	1.40%	1,000,000.00
16/09/21		1,000,000.00				QLD Treasury Corp (Green Bond)		N	AA+	02/03/32	Y	B	1.50%	928,180.00
15/06/21		500,000.00				National Housing Finance & Investment Social Bond		Y	AAA	01/07/31	Y	FRN	0.21%	501,510.00
06/07/21		1,000,000.00				Judo Bank		P	BBB-	04/04/22	Y	TD	0.70%	1,000,000.00
30/07/21		1,000,000.00				AMP Bank		P	BBB	28/06/22	Y	TD	0.75%	1,000,000.00
01/10/21		1,000,000.00				AMP Bank		N	BBB	01/04/22	N	TD	0.65%	1,000,000.00
04/11/21		2,000,000.00				NAB		P	AA-	04/11/22	N	TD	0.45%	2,000,000.00
30/11/21		2,000,000.00				NAB		N	AA-	29/04/22	N	TD	0.38%	2,000,000.00
09/12/21		2,000,000.00				NAB		N	AA-	07/06/22	N	TD	0.50%	2,000,000.00
17/12/21		2,000,000.00				NAB		N	AA-	19/12/22	N	TD	0.50%	2,000,000.00
01/05/22		2,000,000.00				NAB		N	AA-	04/07/22	N	TD	0.52%	2,000,000.00
20/01/22		1,000,000.00				Westpac (Tailored)		P	AA-	20/01/23	N	TD	0.79%	1,000,000.00
31/01/22		1,000,000.00				NAB		N	AA-	31/05/22	N	TD	0.43%	1,000,000.00
22/02/22		1,000,000.00				Macquarie Bank Ltd		P	A	23/08/22	N	TD	0.65%	1,000,000.00
25/02/22		1,000,000.00				Macquarie Bank Ltd		N	A	25/08/22	N	TD	0.65%	1,000,000.00
08/03/22		2,000,000.00				Suncorp		P	A+	02/03/22	Y	TD	0.30%	2,000,000.00
09/03/22		2,000,000.00				NAB		N	AA-	08/06/22	N	TD	0.45%	2,000,000.00
N/A		24,297,946.81				CBA Business Saver		N	AA-	N/A	N	CALL	0.20%	24,297,946.81
N/A		5,939,860.70				CBA Business Saver – Tourism Infrastructure Grant		N	AA-	N/A	N	CALL	0.20%	5,939,860.70
N/A		2,112,153.08				NSW Treasury Corp		N	AAA	N/A	Y	CALL	0.02%	2,112,153.08
N/A		18,035,897.13				Macquarie Accelerator Call		N	A	N/A	N	CALL	0.35%	18,035,897.13
Total		78,385,857.72										AVG	0.49%	78,205,687.72
	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 one investment with a financial institution that invests in fossil fuels but is nevertheless aligned with the broader definition of Environmental and Socially Responsible investments i.e.:

1. $1,000,000 investment with Westpac Bank maturing on 20 January 2023 is a tailored term deposit and certfied green investment.

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	72%	Meets policy
A+ to A-	A1	60%	26%	Meets policy
BBB to NR	A2,NR	40%	4%	Meets policy

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).

NSW Treasury Corporation Compliance – Loan Borrowing Conditions

Council has borrowed loans through NSW Treasury Corporation under the Local Government Low Cost Loans Initiative. As part of these loan borrowings, NSW Treasury Corporation has placed restrictions on Council’s investments in terms of where Council can invest based on the credit rating of the financial institution, the term of the investment and counterparty limit. NSW Treasury Corporation has reviewed Council’s Investment Portfolio and has reminded Council it needs to remain within the investment parameters outlined in the accepted loan agreements. Council currently complies with T Corp Borrowing conditions as indicated in the table below:

Council has had discussions with NSW Treasury Corporation and indicated it would start reporting the compliance in the monthly investment report to Council. Council is able to hold existing investments not in compliance until maturity but must ensure new investments meet the compliance requirements.

Meeting the NSW Treasury Corporation compliance means Council will be limited in taking up investments that may be for purposes associated with Environmental and Socially Responsible outcomes where investments do not comply with NSW Treasury Corporation requirements, and investments with financial institutions that do not support fossil fuels will have to be decreased due to their credit rating status or lack of credit rating.

The investment portfolio is outlined in the table below by investment type for the period 1 March 2022 to 31 March 2022:

Dissection of Council Investment Portfolio as at 31 March 2022

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
21,000,000.00	Term Deposits	21,000,000.00	0.00
1,500,000.00	Floating Rate Note	1,518,570.00	18,570.00
24,297,946.81	CBA Business Saver	24,297,946.81	0.00
5,939,860.70	CBA Business Saver – Tourism Infrastructure Grant	5,939,860.70	0.00
2,112,153.08	NSW Treasury Corp	2,112,153.08	0.00
18,035,897.13	Macquarie Accelerator	18,035,897.13	0.00
5,500,000.00	Bonds	5,301,260.00	(198,740.00)
78,385,857.72		78,205,687.72	(180,170.00)

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 March 2022 the table below identifies Council’s overall cash position as follows:

Dissection of Council’s Cash Position as at 31 March 2022

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	21,000,000.00	21,000,000.00	0.00
Floating Rate Note	1,500,000.00	1,518,170.00	18,570.00
CBA Business Saver	24,297,946.81	24,297,946.81	0.00
CBA Business Saver – Tourism Infrastructure Grant	5,939,860.70	5,939,860.70	0.00
NSW Treasury Corp	2,112,153.08	2,112,153.08	0.00
Macquarie Accelerator	18,035,897.13	18,035,897.13	0.00
Bonds	5,500,000.00	5,301,260.00	(198,740.00)
Total Investment Portfolio	78,385,857.72	78,205,287.72	(180,170.00)

Cash at Bank
Consolidated Fund	1,119,747.34	1,119,747.34	0.00
Total Cash at Bank	1,119,747.34	1,119,747.34	0.00

Total Cash Position	79,505,605.06	79,325,035.06	(180,170.00)

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.6

Staff Reports - Sustainable Environment and Economy

Report No. 13.6 Annual Emissions Inventory and update on Net Zero Emissions goal

Directorate: Sustainable Environment and Economy

Report Author: Julia Curry, Sustainability and Emissions Reduction Officer

Hayley Briggs, Sustainability and Emissions Reduction Officer

File No: I2022/27

Summary:

This report presents:

A. the Annual Emissions Inventory for Council operations for the 2020/21 financial year (Attachment 1 - E2022/5746); and

B. the first annual progress update on the Net Zero Emissions Action Plan for Council Operations 2025 (Attachment 2 – E2020/56957).

Byron Shire Council experienced a 15% reduction in organisational carbon emissions in 2020/21 compared to the previous year and is on track to reach the net zero target in 2025 having achieved its 100% renewable energy target five years ahead of schedule.

This report also advises that the internal carbon offsetting workshop from Res 20-729 will be held at the May Strategic Planning Workshop for Councillors and the leadership team.

RECOMMENDATION:

That Council notes:

1. The annual emissions inventory and Council’s progress toward meeting the net zero emissions 2025 target (Attachment 1 - E2022/5746).

2. The progress update on the Net Zero Emissions Action Plan for Council Operations 2025.

3. The successful achievement of Resolution 17-086 to achieve 100% renewable energy, five years ahead of schedule.

4. An internal Councillor and staff workshop will be organised for the May Strategic Planning Workshop on carbon offsetting for Council’s operational net zero emissions target.

Attachments:

1 2020-21 Annual inventory of Council’s emissions profile and progress update, E2022/5746

2 Net Zero Emissions Action Plan For Council Operations 2025, E2020/56957

Report

Introduction

Council has been annually reporting on its greenhouse gas emissions since baseline year 2015/16. Council has resolved to be net zero emissions for its operations by 2025, to source 100% of its energy through renewable sources by 2027 (Res 17-086), and to become certified carbon neutral under the Climate Active standard commencing in financial year 2025/26 (Res 19-634).

The Net Zero Emissions Action Plan for Council Operations 2025 (the Action Plan) was adopted by Council in 2020 (Res 20-628) and maps a path for future activities that Council will undertake to reduce emissions from Council operations (Attachment 2 - E2020/56957).

Part A of this report presents the 2020/21 Annual Emissions Inventory for Council operations. Part B of this report presents the first annual progress update on the Action Plan. There is also a small section outlining the next steps to investigate carbon offsets.

Part A: 2020/21 Annual Emissions Inventory overview

Byron Shire Council experienced a 15% reduction in organisational carbon emissions in 2020/21 compared to the previous year. This was predominantly due to the natural decline of landfill gas fugitive emissions. Council’s electricity contract was 100% offset in 2020/21, so fluctuations in actual emissions in the electricity and streetlighting sectors did not have an impact on that reduction. The reduction brings Council on track to meeting the target of net zero emissions so long as this level of electricity offset is maintained in perpetuity.

Figure 1 and Table 1 below show how Council is tracking towards the net zero target.

Figure 1. Graph showing how actual and net emissions from 2015/16 to 2020/21 are tracking towards the 2025 net zero target.

Figure 1. 2020/21 Emissions tracking towards 2025 target

Table 1. 2020/21 Actual and net emissions since baseline year 2015/16.

Financial Year	Actual Emissions (tCO₂e)	Net Emissions (Offset) (tCO₂e)	Target (tCO₂e)
2016	21,389	21,389	21,389
2017	20,701	20,701	19,250
2018	19,122	19,122	17,111
2019	18,325	15,700	14,972
2020	16,442	11,618	12,833
2021	14,715	9,904	10,695

A detailed analysis of each sector is provided in Attachment 1 (E2022/5746). Table 2 below gives a brief overview of the changes in each sector since the previous year.

Table 2. Summary of emissions sector changes since previous year

Sector	Highlights	Emissions Change (tCO2e)
General Electricity	· Retailer Powershop provided 100% carbon offset electricity. · 3% increase in electricity use and 1% increase in actual emissions (discrepancy in figures due to the lowering of the NSW emissions factor for grid purchased electricity due to more renewable energy being on the NSW network generally). · Increase in kWh consumption attributed to increased patronage of Council assets (community use buildings, sewage treatment plants and pump stations, and water supply facilities) due to increased visitor numbers with the easing of COVID-19 restrictions; increased precipitation; and a malfunctioning air compressor at the Byron Resource Recovery Centre. · Potential major projects Dingo Lane Solar Farm and Bioenergy facility at West Byron Sewage Treatment Plant could reduce Council’s electricity consumption significantly, if implemented. · Annual cost $1,264,789.	+27
Streetlight Electricity	· Retailer Powershop provided 100% carbon offset electricity. · 36 new streetlights were added throughout the Shire, however electricity use was reduced by 6.2% due a bulk replacement of 119 older streetlights with LEDs across South Golden Beach and Ocean Shores in May 2020, as well as all spot replacements in the Shire being LEDs. · Council’s electricity supply contractor Essential Energy has a bulk LED upgrade planned for the Shire in 2022/23. Council is pursuing a cost benefit analysis of the most cost-effective way to implement the rollout as a matter of priority with Essential Energy. · Annual cost $308,146.	-53
Fleet	· 7% increase in fuel consumption. · Significant 17% increase in cost, due to the increase in fuel usage and the increasing price of petrol and diesel. · 45% of fuel used in light (passenger) vehicle fleet and 55% used in heavy plant and equipment. · Significant action is required to reduce fleet sector emissions. · Annual cost $715,819.	+81
Bottled Gas	· Negligible emissions footprint. · 14% increase in consumption due to increased visitor numbers and childcare reopening with the easing of COVID-19 restrictions. · No action required. · Annual cost $12,776.	+4
Waste	· 19% reduction due to natural decline of landfill. · Composting emissions have been included for the third year in a row. · Analysis of landfill methane gas flare and Australian Carbon Credit Unit generation in line with the net zero target is in progress. The ACCU contract was due to expire in December 2021 but there was a shortfall in Council’s credits. Staff have requested a five-year extension with the Clean Energy Regulator until sufficient ACCUs have been created by the gas flare project to meet contract obligations.	-1,734
Wastewater	· 5% decrease in wastewater fugitive emissions, despite a 17% increase in flow (due to relaxations in COVID-19 travel restrictions and increased precipitation). · Emissions declined as three of the four STPs (Byron, Bangalow and Brunswick Valley) experienced a marked reduction in total nitrogen effluent concentrations (improved treatment quality), and a reduced amount of biosolids being land applied at Bangalow and Byron STPs. · Main area of action required is reducing wastewater generation from the community and inflow and infiltration from storm water to the sewer system.	-52
Total		-1,727

Part B: Progress update on Net Zero Emissions Action Plan for Council Operations 2025

The Net Zero Emissions Action Plan for Council Operations 2025 (the Action Plan) (Attachment 2) was adopted by Council at the Ordinary Meeting of 26 November 2020 (resolution 20-628). The Action Plan maps a path for future activities that Council will undertake to reduce emissions from Council operations. It was designed to align with the Delivery Program and Operational Plan and allocates responsibility for specific actions to different Directorates. This helps keep staff accountable and to track progress.

There are five objectives, based on Council’s principal sources of emissions, which provide the Action Plan’s basic structure:

· Objective A – Electricity;

· Objective B – Fuel;

· Objective C – Waste, Water, and Sewer;

· Objective D – Governance; and

· Objective E – Community Infrastructure.

Actions within the Action Plan are labelled based on the emissions objective (i.e. sector) they correlate to. For example, under Objective A – Electricity, Action A1 is “investigate 5MW solar farm at Dingo Lane, Myocum”.

The measure under 2021/22 Operational Plan Activity 3.2.1.1 “Implement the Net Zero Emissions Action Plan for Council Operations 2025” is, “annual report to Council on delivery of Action Plan, alongside annual emissions inventory”. The following update completes that OP Activity.

Objective A – Electricity

Objective: improve electricity efficiency and transition to 100% renewable energy.

As of 1 January 2022, Council achieved the “100% renewables” part of resolution 17-086 and fulfilled the overarching Action Plan Electricity objective to “transition to 100% renewable energy”. This is five years ahead of the 2027 target. Until 1 January 2024, Council has a contract with electricity retailer Iberdrola to source approximately 60% of its total operational electricity needs (all large sites) from Collector Wind Farm in Cullerin, NSW. The remainder of Council’s electricity needs will be 100% GreenPower (all small sites). Fulfilling the 100% renewables target will help Council achieve our net zero emissions target by 2025.

While Council may have achieved this renewable energy target, the best solution is to always avoid use of electricity in the first place or seek to reduce current consumption. The following actions seek to minimise Council’s carbon profile.

Action	Corresponding OP Activity	Status update	Estimated delivery date
A1. Investigate 5MW solar farm at Dingo Lane, Myocum	1.4.4.5	In April 2021, Council noted the Dingo Lane Business Case and endorsed Option 3 (Council owns and operates the Solar Farm and retires Large Generation Certificates, if produced, for its own benefit). Staff are continuing with the Development Application process to progress the project to shovel ready status. Council will receive a further report on the project, following the determination of current grant applications for the proposed Bioenergy Facility at the Byron STP, to consider the holistic financial implications of both projects on Council’s Long Term Financial Strategy.	30 June 2022 (project to be shovel ready)
A2. Investigate bioenergy facility at West Byron STP	3.2.1.5	Staff expect to present materials to the ARENA Board for Final Approval by April 2022. The Development Application determination is expected by May/June 2022. If/when State and Federal authorities grant approval, Council can consider the holistic financial implications of the Bioenergy and Dingo Lane projects on Council’s Long Term Financial Strategy and make a decision for 'Go/No Go' on construction for the Bioenergy Facility.	30 June 2022 (Council decision for ‘Go/No Go’)
A3. Facilitate bulk roll out of LED streetlights for Byron Shire	n/a	In September 2021, ET supported funding sources being identified in the 2022/23 budget to undertake the bulk LED rollout. A further report will be brought to ET when detailed information is available from Essential Energy about Smart Street Lighting.	2022/23 (bulk rollout planned)
A4. Investigate energy efficiency upgrade of Council Administration Building, Mullumbimby	3.2.1.11	The Sustainability team has partnered with Council’s Property Maintenance team to investigate options for energy efficiency upgrades at the Administration Building.	30 June 2022 (business case to Council)

Objective B – Fuel

Objective: optimise fuel efficiency and transition to renewable fuel sources.

Action	Corresponding OP Activity	Status update	Delivery date
B1. Investigate new bulk fuel storage and monitoring system to minimise manual data entry	3.2.1.3	Fleet Team Leader is reviewing Council’s fuel infrastructure, including software used for data capture and reporting. Current infrastructure has passed its recommended life span and the fuel management processes currently used are inefficient. The new system will include a fuel card system for all plant and equipment to allow accurate data capture. This will enable Council to provide more accurate reports on fuel usage and emissions.	30 June 2022 (ET report)
B2. Develop and deliver Electric Vehicle Charging Station Policy and Procedure	1.6.3.2	ET endorsed the Electric Vehicle Charging Station Instalment and Maintenance Procedure 2021 in June 2021. This internal document applies to staff wishing to install new or maintain existing Council-owned EV charging stations. A how-to guide for external providers wishing to install charging stations on Council land will be tabled at an ET meeting in early 2022. In addition, the Sustainability Team has engaged a third party to manage and monitor Council’s two EV charging stations on one software platform, and formalised Council’s Property Maintenance Coordinator as the EV charging station asset owner. A user-pays system will be implemented in early 2022.	30 June 2022 (ongoing management)
B6. Review Council’s passenger vehicle policies and procedures to encourage Hybrid and Electric Vehicle ownership	n/a	This was partially achieved on 7 October 2020 when ET resolved that the Light Motor Vehicle Fleet Procedure – “Fees and Charges Makes & Models” be updated to include Hybrid and Electric Vehicle options. Currently EV’s and Hybrids attract a high weekly internal lease rate for Council due to their high capital costs, which may make them an unviable option for staff private usage. They are expected to reach price parity with petrol vehicles by the mid-2020s. A report to the Executive Team on Council’s transition to EVs is being prepared for May 2022.	Partially achieved October 2020; significant measures still need to be taken to transition the entire fleet to electric.
B9. Investigate options for decentralised workforce - Review Scope 3 emissions boundary to include working from home arrangements.	n/a	Due to the “work from home” health orders resulting from the COVID-19 pandemic, Council’s workforce has become decentralised over the past two years. This contributed to a 10% decrease in electricity usage at Council’s Administration building in 2020/21. It is anticipated that staff will continue to work from home in some capacity post-pandemic. The Sustainability team is currently reviewing Council’s emissions boundary to include scope 3 sources such as staff commute (see Action D5 below). Working from home arrangements that continue post-pandemic will help reduce emissions from staff commute in the long term.	30 June 2022 (review of scope 3 emissions boundary)

Objective C – Waste, Water, and Sewer

Objective: Reduce waste and improve water efficiency.

Action	Corresponding OP Activity	Status update	Delivery date
C3. Progress the closure and rehabilitation of the Southern Expansion landfill cell at the Byron Resource Recovery Centre.	1.4.4.4	Staff are progressing the landfill capping and closure of civil works of the Southern Expansion and will commence rehabilitation as outlined in the Byron Resource Recovery Centre Master Plan.	30 June 2022 (Stage 1 works completed)
C4. Increase efficiency of sewage treatment plants and pump infrastructure.	3.2.1.13	A new position of Sustainability Officer – Utilities was filled in April 2021 to focus on increasing energy efficiency and reducing emissions in the utilities (wastewater collection and treatment) sector. An energy usage audit and benchmarking of Council's utilities services has commenced, and staff are contributing to monthly reports, performance tracking and anomaly identification for Utilities assets.	30 June 2022 (energy usage audit complete)
C6. Review operation of gas flare at Byron Resource Recovery Centre	3.2.1.4	Staff are working with a consultant to review the efficiency of the Myocum Landfill Gas Flare and investigate Council's Australian Carbon Credit Unit (ACCU) generation in line with the net zero emissions target. The ACCU contract was due to expire in December 2021, but there was a shortfall in Council’s credits. Staff have requested a five-year extension from the Clean Energy Regulator in order to generate sufficient ACCUs and meet contract obligations. A report will be presented to Council by June 2022.	30 June 2022 (report to Council)

Objective D – Governance

Objective: Disclose and improve emissions reporting and invest in high quality carbon offsets.

Action	Corresponding OP Activity	Status update	Delivery date
Actions D2 and D3. Conduct Councillor and staff education on carbon monitoring and offsets and Develop and implement a carbon offset policy for Council	3.2.1.10	The Sustainability team has begun research and development of a draft carbon offset policy for Council operations that will set out how Council selects carbon offset units in order to achieve net zero emissions. Two internal workshops with Councillors and senior leadership staff will be held in May and mid-2022.	30 June 2022 (report to Council)
D5. Develop an emissions disclosure framework for Council staff - Define Council’s emissions boundary in accordance with the Climate Active guidelines	3.2.1.2	All relevant scope 3 emissions will need to be included in Council’s boundary by 2025/26 when we aim to become certified carbon neutral under Climate Active. Staff are working with a consultant to define Council’s boundary and determine the most efficient way to measure relevant scope 3 emissions. A report on the newly defined Climate Active-compliant boundary will be reported on by June 2022. Staff plan to start reporting on scope 3 sources in the 2021/22 inventory. Inclusion of scope 3 sources will be done gradually over time until the deadline of 2025/26, and will depend on availability of data.	30 June 2022 (report to Council)

Action

Corresponding OP Activity

Status update

Delivery date

Actions D2 and D3. Conduct Councillor and staff education on carbon monitoring and offsets and Develop and implement a carbon offset policy for Council

3.2.1.10

The Sustainability team has begun research and development of a draft carbon offset policy for Council operations that will set out how Council selects carbon offset units in order to achieve net zero emissions. Two internal workshops with Councillors and senior leadership staff will be held in May and mid-2022.

30 June 2022

(report to Council)

D5. Develop an emissions disclosure framework for Council staff - Define Council’s emissions boundary in accordance with the Climate Active guidelines

3.2.1.2

All relevant scope 3 emissions will need to be included in Council’s boundary by 2025/26 when we aim to become certified carbon neutral under Climate Active.

Staff are working with a consultant to define Council’s boundary and determine the most efficient way to measure relevant scope 3 emissions. A report on the newly defined Climate Active-compliant boundary will be reported on by June 2022. Staff plan to start reporting on scope 3 sources in the 2021/22 inventory. Inclusion of scope 3 sources will be done gradually over time until the deadline of 2025/26, and will depend on availability of data.

30 June 2022

(report to Council)

Carbon Offsetting for Net Zero Emissions Target

Council resolved to become certified carbon neutral under the federal government’s Climate Active (Res 19-634). In order to become certified Council will need to purchase carbon offset units for its outstanding emission, that cannot be reduced or avoided all together.

In response to Operational Plan activity 3.2.1.10, an internal Councillor and staff workshop will be held in May 2022. It will introduce the basics of carbon offsets and begin a discussion on Council’s long-term strategy for carbon offsetting to maintain our net zero and carbon neutral status.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	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	3.2.1.1	Implement the Net Zero Emissions Action Plan for Council Operations 2025
	3.2: Strive to become a sustainable community	3.2.1: Work towards Council's zero-emissions target	3.2.1.2	Prepare Annual Emissions Inventory to determine progress towards 2025 Net Zero Emission Target.

Recent Resolutions

Council has made the following resolutions in relation to reducing its operational emissions:

· Res 17-086: To achieve net zero emissions for Council operations by 2025; and to source 100% of its energy through renewable sources within ten years (by 2027).

· Res 19-268: Adoption of Net Zero Emissions Strategy for Council Operations 2025.

· Res 19-634: To become certified carbon neutral under the Climate Active standard (formerly the National Carbon Offset Standard, or NCOS) commencing in financial year 2025/26.

· Res 20-628: Adoption of Net Zero Emissions Action Plan for Council Operations 2025.

· Res 20-729: internal carbon offsetting workshop for Councillors and staff to be held in 2021/22.

Legal/Statutory/Policy Considerations

N/A.

Financial Considerations

N/A.

Consultation and Engagement

This report was prepared in consultation with all Directorates and was endorsed by the Executive Team at the Meeting of 02 February 2022.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 13.7

Report No. 13.7 NSW Employment Zones Reform

Directorate: Sustainable Environment and Economy

Report Author: Steve Daniels, Project Officer - Planning Reforms

File No: I2022/142

Summary:

The NSW Department of Planning, Industry and Environment (DPIE) is introducing new employment zones across all local government areas in NSW. The new employment zones will replace the existing business and industrial zones in Byron LEP 2014.

The DPIE reform of employment zones aims to support long-term economic recovery through job creation and encouraging increased productivity in NSW. The Department hopes to achieve this by delivering a more simplified employment zones framework that suits the future of work, while facilitating the delivery of strategic plans and planning priorities. In general, the reforms will provide for greater land use flexibility, particularly in industrial zones.

Councils have been tasked with reviewing the proposed translation of land use controls from the existing zones to the proposed zones. The aim for Councils is to deliver a translation from the existing zones to the proposed zones in a manner that retains consistency wherever possible.

This report seeks Council’s ‘in-principle’ endorsement of the proposed employment zones framework for Byron Shire ahead of a state-wide public exhibition that is expected to take place in May 2022.

RECOMMENDATION:

That Council:

1. Provides in-principal endorsement of the Employment Zones Translation as detailed in Attachment 1 (E2022/32628) and Attachment 2 (E2022/32443) ahead of a state-wide public exhibition that is expected to take place in May 2022.

2. Notes the Department of Planning, Industry and Environment will have primary carriage of the public exhibition process; however support will be required from councils to ensure notice of the exhibition reaches relevant stakeholders and community members in their respective LGAs.

3. Following exhibition, receive a strategic planning workshop and report to Council with details of any recommended amendments for final endorsement of a submission to the Department of Planning, Industry and Environment.

Attachments:

1 Land Use Table Translation_Byron LEP 2014 Employment Zones_Pre Exhibition, E2022/32628

2 Mapping Translation _Byron LEP 2014 Employment Zones_Pre exhibition, E2022/32443

3 Template - Form of Special Disclosure of Pecuniary Interest - IF YOU EDIT THIS, THE TEMPLATE IN BSC TEMPLATES MUST ALSO BE UPDATED, E2012/2815

Report

Background

The DPIE first exhibited the draft employment zones framework from 20 May 2021 until 30 June 2021. Submissions received by the Department were used to help shape and refine the proposed reforms.

In late 2021, Councils across NSW were asked to provide feedback on specific zone and land use reforms that would apply to their respective local government areas. Council staff reviewed the proposed changes and provided feedback to the department in early 2022, followed by a Strategic Planning Workshop with Councillors to discuss the new framework. After considering Council’s feedback, the DPIE forwarded a revised draft to staff on 31 March 2022.

Overview of DPIE Employment Zones Reform Program

The term ‘employment zones’ refers to land use zones for which commercial activity is the predominant use, this includes industrial zones and business zones. Strategic planning in these zones is currently guided by Council’s Business and Industrial Land Strategy.

Notwithstanding the above, employment generating activities also occur in other zones, such as residential and rural zones, however they are not subject to the reforms discussed in this report.

The existing Business (B) and Industrial (IN) zones in NSW are being replaced with five new employment zones and three supporting zones under Standard Instrument (Local Environmental Plans) Order 2006 (SI LEP Order). Each council’s Local Environmental Plan prepared under the SI LEP Order will need to be updated to transition existing ‘B’ and ‘IN’ zones to one of the new Employment or supporting zones by December 2022
(i.e., when the B and IN zones are repealed from the SI LEP Order).

Reason for the reforms

There are pros and cons to this approach. The positive view is that greater flexibility in land use controls will allow the business community to be more adaptive to the evolving ways in which we do business and how we work, particularly in a post COVID world. However, increased flexibility can also bring greater potential for land use conflicts, in this regard Council will need to monitor the effects as we move forward.

Scope of reforms and Council’s role in the process

The reforms will introduce changes to planning controls in Byron LEP 2014, specifically:

· The repeal of existing employment zones to be replaced by new employment zones.

· Updating the zoning maps to reflect the new land use zones.

· Introducing new land use tables to govern the objectives and permitted/prohibited uses for each new zone.

Councils have been tasked with reviewing the proposed translation of zone objectives and land use controls from the existing zones into the proposed zones. The aim for Councils is to deliver a translation from the existing zones to the proposed zones in a manner that retains consistency. For example, land uses in each location that are currently permitted with consent should remain as permitted with consent wherever possible.

In this respect, the process is largely administrative and is not viewed by the DPIE as an opportunity for Councils to make wholesale ‘strategic’ changes to land use controls and/or rethink the function of business and industrial zones — this type of strategic planning happens when Council periodically reviews its Business and Industrial Land Strategy.

Proposed Employment Zones Framework for Byron Shire

The reforms will replace the existing Byron LEP 2014 business and industrial zones as described below in Table 1.

Table 1 – Proposed Zone Translation for Byron Shire

Existing Byron LEP 2014 Zone	Proposed Replacement Zone	Staff General Comment
Zone B1 Neighbourhood Centre	Zone E1 Local Centre	- Merge of 2 zones - Key change is greater flexibility for business activity on land currently zoned B1 - Translation is largely consistent with little risk of land use conflicts
Zone B2 Local Centre
Zone B4 Mixed Use	Zone MU1 Mixed Use	- Largely consistent translation - Mandatory zone objectives are more targeted towards shop top residential use and active street frontage
Zone B7 Business Park	Zone E3 Productivity Support	- Minor expansion of permitted uses - Translation is largely consistent with little risk of land use conflicts
Zone IN1 General Industrial	Zone E4 General Industrial	- Merge of 2 zones - Key change is greater flexibility for business/industrial activities on land currently zoned IN1 & IN2 - Land use conflicts have been minimised by prohibiting some uses currently permitted in the IN1 zone - refer to land use conflicts discussion below
Zone IN2 Light Industrial

Existing Byron LEP 2014 Zone

Proposed Replacement Zone

Staff General Comment

Zone B1 Neighbourhood Centre

Zone E1

Local Centre

- Merge of 2 zones

- Key change is greater flexibility for business activity on land currently zoned B1

- Translation is largely consistent with little risk of land use conflicts

Zone B2

Local Centre

Zone B4

Mixed Use

Zone MU1

Mixed Use

- Largely consistent translation

- Mandatory zone objectives are more targeted towards shop top residential use and active street frontage

Zone B7 Business Park

Zone E3

Productivity Support

- Minor expansion of permitted uses

- Translation is largely consistent with little risk of land use conflicts

Zone IN1

General Industrial

Zone E4

General Industrial

- Merge of 2 zones

- Key change is greater flexibility for business/industrial activities on land currently zoned IN1 & IN2

- Land use conflicts have been minimised by prohibiting some uses currently permitted in the IN1 zone - refer to land use conflicts discussion below

Zone IN2

Light Industrial

The key takeaway from Table 1 is that the existing B1 & B2 zones have been merged into a single zone (E1), as have the existing IN1 & IN2 zones (E4). The list of permitted uses in these areas will be expanded as a natural result of merging two zones together, and landowners will therefore have greater flexibility in these locations.

Please note that there are some site-specific exceptions to the above translation, namely:

· Part of the Byron Arts & Industry Estate is proposed to transition from B7 to E4. This is because the approved existing uses in this precinct are better aligned to the E4 General Industrial zone.

· Mullumbimby Woolworths & Carpark site is proposed to transition from B2 to MU1. This is because the site is not part of the local centre, and the existing use is better aligned with the MU1 Mixed Use zone rather than the E1 Local Centre zone.

Byron LEP 2014 Land Use Tables

Land use tables are a planning control in Byron LEP 2014 that prescribe the objectives for a given zone, as well as the land uses in the zone that are permitted without consent, permitted with consent, or prohibited.

For reference, the land use table translation, which shows the existing and proposed employment zones is included as Attachment 1.

The DPIE has limited the discretion that Councils have over what zone objectives are included for each zone, as well as the land uses that are deemed as permitted without consent, permitted with consent, or prohibited. In this regard, some objectives and land uses are mandatory for a given zone, while others are optional. In the proposed land use tables (Attachment 1), the items printed in blue are the optional inclusions.

Council staff have worked with the DPIE to ensure that the land use tables in Attachment 1 are the closest possible translation between the existing and proposed zones.

Mapping Translation

Attachment 2 provides a map-based comparison between the existing and proposed zones.

PLEASE NOTE: Sites zoned under Byron LEP 1988 (i.e., West Byron) are not subject to the employment zone reforms. Further work with the DPIE will be required to determine how best to transition these areas into the new framework.

Managing Land Use Conflicts

As noted above, the merging of zones expands the range of permitted uses in some locations and has the potential to generate land use conflicts. No land use conflict concerns are apparent for the proposed E1 Local Centre zone, however staff raised concerns with the DPIE in relation to some existing uses that would be carried over into the E4 General Industrial zone, these being:

· Offensive Industries; and

· Sewage Treatment Plants

Offensive industries are currently permitted in the IN1 General Industrial zone but specifically prohibited in the IN2 Light Industrial zone. Staff consider that the inclusion of ‘offensive industries’ as being permitted with consent in the E4 General Industrial zone presents a land use conflict risk. Offensive industries are not a featured land use in Byron Shire and generally take place in neighbouring LGA’s such as Tweed, Lismore and Ballina. In this regard, Council advocates a regional approach to accommodating offensive industrial uses.

Similarly, ‘sewage treatment plants’ (STPs) are currently permitted in the IN1 zone but specifically prohibited in the IN2 zone. Staff have recommended that this use be prohibited in the proposed E4 General Industrial zone due to the potential for land use conflicts. It is noted that none of our existing STPs have an industrial zoning.

DPIE has agreed to these recommendations. Any future proposal for these uses in the E4 zone will require an ‘additional permitted use’ clause to be included in Byron LEP 2014 for the site, subject to merit. There may also be an option to approve a sewage treatment plant under the Infrastructure SEPP.

Next Steps

This report recommends that Council endorse ‘in-principle’ the proposed zone translation. Following this, the DPIE will undertake a public exhibition of the new framework.

The DPIE will have primary carriage of the public exhibition process, however support will be required from councils to ensure notice of the exhibition reaches relevant stakeholders and community members in their respective LGAs.

Following exhibition, a further strategic planning workshop and report to Council will detail any recommended amendments and seek final endorsement.

The timeline below shows how the exhibition phase fits with the overall reform program.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
Community Objective 4: We manage growth and change responsibly	4.1: Support the visions and aspirations of local communities through place-based planning and management	4.1.3: Manage development through a transparent and efficient assessment process	4.1.3.10	Prepare a Planning Proposal to enable precinct based Short Term Rental Accommodation.

Recent Resolutions

N/A

Legal/Statutory/Policy Considerations

The relevant policy considerations are addressed above.

Financial Considerations

N/A

Consultation and Engagement

Public exhibition of the Employment Zones Reform is expected to take place in May 2022. This process will be led by the DPIE, with Council responsible for ensuring relevant stakeholders and community members are made aware of the exhibition.

RECOMMENDATION:

1. That Council awards Tender 2021-1131 to the tenderer recommended in the Tender Evaluation Report (Confidential Attachment 1 #E2022/19328).

2. That Council’s budget for these works be increased by $375,000 as detailed in this report with funding provided from the Water Capital Works Reserve.

3. That Council makes public its decision, including the name and amount of the successful tenderer, in accordance with Clause 179(b) of the Local Government (General) Regulation 2021.

Attachments:

1 Confidential - 24.2021.44.1 - 2021-1131 - Slope Stability Works - Evaluation Report, E2022/19328

Report

On 22 September 2021, the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2021-1131 – Water Reservoir Slope Stability Works.

A contract to undertake these works is required due to the specialist nature of the works and the risk associated with undertaking the works.

The Request for Tender sought responses from proponents to provide the required materials, labour and plant to stabilise the slope at five of Council’s water reservoirs.

The Contract is expected to commence in April 2022 for a period of six months.

The Contract will be managed by the Utilities Capital Works Engineer.

Tenders were advertised as follows:

Vendorpanel & Council website: 9 December 2021 to 10 February 2022.

A mandatory site briefing was held at the five reservoirs, where thirteen organisations attended.

An Evaluation Panel comprising of three members was formed.

Tenders closed on 10 February 2022 and tenders were received from the following proponents:

· Australian Marine & Civil

· Dalski Pty Ltd

· Earthtec Pty Ltd

· Geovert

· Pan Civil

· Piling & Concreting Australia

· Uplift Safety

· Warner Company

Tenders were evaluated by the Evaluation Panel in accordance with the following evaluation criteria:

Mandatory criteria:

a) Tender lodged on time, in accordance with the Conditions of Tender.

b) Attendance at the mandatory briefing.

c) Respondent has a valid Australian Business Number.

d) Tenderer has no conflicts of interest.

e) All tender forms and schedules are completed.

f) Respondent substantially complies with the Conditions of Contract.

g) Respondent substantially complies with the Statement of Requirements and Specifications.

h) Holds, or is able to obtain, the insurances as specified in the Statement of Requirements.

i) Workers Compensation Insurance for all employees.

j) Financial capacity to undertake the contract.

k) Respondent has satisfactory work health and safety and environmental compliance.

l) Commitment to ethical business practices.

m) Does not obtain financial benefit from Australia’s offshore detention centres or involved with the development or operation of the Carmichael mine or otherwise have ties to Bravus Mining.

Qualitative criteria:

a) Profile and relevant experience.

b) Quality and availability of resources.

c) Delivery plan.

d) Ethical and social considerations.

Following the evaluation, the Evaluation Panel conducted referee and financial checks on the shortlisted tenderers. The results of these checks were deemed by the Evaluation Panel to be satisfactory as detailed in the attached Evaluation Report.

Financial Considerations

The price basis for the contract is a mixture of lump sum and schedule of rates items.

Council has insufficient budget for the works and the following adjustments are required to award this tender:

Ledger	Name	Current Budget $	Increased Budget Required $	Proposed New Budget $
6673.001	Wategos Reservoir Renewals	475,000	44,000	519,000
6649.008	Coopers Shoot Reservoir Renewals	480,600	56,000	536,600
6849.008	Tongarra Reservoir Renewals	150,000	68,000	218,000
6849.014	Warrambool Reservoir Renewals	150,000	201,000	351,000
6549.001	Saddle Road Reservoir Renewals	150,000	6,000	156,000
	Total	1,405,600	375,000	1,780,600

This total increase of $375,000 accounts for the tender price as detailed in the attached confidential assessment and recommendation report, as well as an allowance of 10% for contingency and 5% for project management and contract administration.

Due to the confidential nature of the tender assessment, the amount of the successful tender is not shown in this report and will be published once Council has resolved to award the tender in accordance with the recommendation report.

Statutory and Policy Compliance Considerations

The tendering process has been undertaken in accordance with Council’s Purchasing and Procurement Policy, and the provisions of the Local Government (General) Regulation 2021.

The Local Government (General) Regulations 2021 define the options available to Council. An extract is provided below.

Local Government (General) Regulation 2021 - Reg 178

Acceptance of tenders

178 Acceptance of tenders

(1) After considering the tenders submitted for a proposed contract, the council must either—

(a) accept the tender that, having regard to all the circumstances, appears to it to be the most advantageous, or

(b) decline to accept any of the tenders.

(1A) Without limiting subsection (1), in considering the tenders submitted for a proposed contract for the performance of domestic or other waste management services, the council must take into account whether or not existing workers (within the meaning of section 170) will be offered employment or engagement on terms and conditions comparable to those applicable to the workers immediately before the tender was submitted.

(2) A council must ensure that every contract it enters into as a result of a tender accepted by the council is with the successful tenderer and in accordance with the tender (modified by any variation under section 176). However, if the successful tender was made by the council (as provided for in section 55(2A) of the Act), the council is not required to enter into any contract in order to carry out the requirements of the proposed contract.

(3) A council that decides not to accept any of the tenders for a proposed contract or receives no tenders for the proposed contract must, by resolution, do one of the following—

(a) postpone or cancel the proposal for the contract,

(b) invite, in accordance with section 167, 168 or 169, fresh tenders based on the same or different details,

(c) invite, in accordance with section 168, fresh applications from persons interested in tendering for the proposed contract,

(d) invite, in accordance with section 169, fresh applications from persons interested in tendering for contracts of the same kind as the proposed contract,

(e) enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender,

(f) carry out the requirements of the proposed contract itself.

(4) If a council resolves to enter into negotiations as referred to in subsection (3)(e), the resolution must state the following—

(a) the council’s reasons for declining to invite fresh tenders or applications as referred to in subsection (3)(b)–(d),

(b) the council’s reasons for determining to enter into negotiations with the person or persons referred to in subsection (3)(e).

Council’s endorsement of the recommendation to award the tender as recommended in the attached Evaluation Report is sought.

RECOMMENDATION:

1. That Council awards Contracts to each of the organisations recommended in the Tender Evaluation Report (Confidential Attachment 1 - E2022/29277).

3. That Council makes public its decision, including the names of the successful tenderers, in accordance with Clause 179(b) of the Local Government (General) Regulation 2021.

Attachments:

1 Confidential - 2021-1247 - Tender Evaluation Report - Provision of Plumbing, Electrical, General Building & Maintenance Services - Signed by Panel, E2022/29277

Report

On 31 August 2021, the General Manager, under delegated authority, approved the use of the open tender method to call for tenders for Contract 2021-1247 Panel of Providers – Provision of Plumbing, Electrical, General Building and Maintenance Services.

Council has a vast building portfolio that from time to time requires works and maintenance to manage these assets responsibly. The intent of this tender is to establish a panel of providers that are competent and able to assist Council in this asset management without the need for individual tender engagements. It is anticipated that through establishing this panel of providers, Council will be able readily engage competent resources on an as required basis to provide the support it needs.

The Request for Tender sought responses from proponents to provide Plumbing, Electrical, General Building and Maintenance Services throughout Council’s building portfolio.

The Contract is expected to commence in May 2022 for a period of three (3) years with an option to extend the contract for further period of two (2) years at Council’s sole discretion.

The Contract will be managed by Manager Utilities.

Tenders were advertised as follows:

Vendorpanel & Council website: 24 November 2021 to 17 December 2021.

An Evaluation Panel comprising of three members was formed.

Tenders closed on 17 December 2021 and tenders were received from the following proponents:

· Bishton Group Pty Ltd

· Concept Engineering Services Pty Ltd

· Eximm Property Services Pty Ltd

· Inglis Fire & Safety

· Northern Rivers Fencing

· O’Brien Electrical & Plumbing Lismore

· Qube Electrical

· Rob War Electrical Services Pty Ltd

· Rohan Property Maintenance Pty Ltd

· SS Irrigation

· Stralis Energy Pty Ltd

· Thearle Electrical

Tenders were evaluated by the Evaluation Panel in accordance with the following evaluation criteria:

Mandatory criteria:

a) Tenderer must have a valid Australian Business Number.

b) Substantial conformance to Conditions of Contract and Statement of Requirements.

c) Workers compensation insurance for all employees.

d) Holds, or is willing to obtain, the insurances as specified in the Statement of Requirements.

e) Satisfactory Work Health and Safety practices.

f) Financial capacity to undertake the contract.

g) Commitment to ethical business practice principles.

Qualitative criteria:

a) Profile and relevant experience.

b) Price.

The result of the evaluation is detailed in the attached Evaluation Report.

Financial Considerations

The price basis for the contract is a schedule of rates that are utilised when Council requests work under the Contract.

Council’s standard procurement process ensures that there must be sufficient funding for any works procured under this contract within the relevant budgets.