Agenda of Ordinary Meeting - Thursday, 24 August 2023

CONFLICT OF INTERESTS

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

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

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Code of Conduct for Councillors (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in the Code of Conduct for Councillors.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

· The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

· The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

· If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

· Just because the person is a member of, or is employed by, the Council.

· Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

· A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

· The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

· It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

· Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

· Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as of the provisions in the Code of Conduct (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

OATH AND AFFIRMATION FOR COUNCILLORS

Councillors are reminded of the oath of office or affirmation of office made at or before their first meeting of the council in accordance with Clause 233A of the Local Government Act 1993. This includes undertaking the duties of the office of councillor in the best interests of the people of Byron Shire and the Byron Shire Council and faithfully and impartially carrying out the functions, powers, authorities and discretions vested under the Act or any other Act to the best of one’s ability and judgment.

BYRON SHIRE COUNCIL

BUSINESS OF Ordinary Meeting

1. Public Access

2. Apologies

3. Attendance by Audio-Visual Link

4. Requests for Leave of Absence

5. Declarations of Interest – Pecuniary and Non-Pecuniary

6. Tabling of Pecuniary Interest Returns (Cl 4.14 Code of Conduct for Councillors)

7. Adoption of Minutes from Previous Meetings

7.1 Ordinary Meeting held on 22 June 2023

8. Reservation of Items for Debate and Order of Business

9. Notices of Motion

9.1 Murwillumbah Rd Mullumbimby................................................................................... 9

10. Mayoral Minute

10.1 Feros Aged Care Village Byron Bay......................................................................... 13

11. Petitions

12. Delegates' Reports

12.1 ALGA National General Assemly.............................................................................. 15

12.2 Northern Rivers Joint Organisation - Quarterly Meeting....................................... 17

13. Staff Reports

General Manager

13.1 Agistment licence to Leela Plantations Pty Ltd (A.C.N 064 533 777)................. 19

13.2 Policy Commercial Activities on Coastal and Riparian Crown Reserves review 24

Corporate and Community Services

13.3 Local Government NSW Annual Conference 2023................................................ 33

13.4 Community Initiatives Program 2023-2024 Recommendations for Funding...... 38

13.5 Council Investments - 1 June 2023 to 30 June 2023............................................. 41

13.6 Carryovers for Inclusion in the 2023-2024 Budget................................................. 49

13.7 Delivery Program 6-monthly Report and Operational Plan 2022/23 Quarter 4 Report - to 30 June 2023............................................................................................................ 54

13.8 Council Resolutions Quarterly Review - Q4 - 1 April to 30 June 2023............... 62

13.9 Council Investments - 1 July 2023 to 31 July 2023................................................ 65

13.10 Budget Review - 1 April to 30 June 2023................................................................. 73

13.11 Revised Delivery Program 2022-26.......................................................................... 83

13.12 Reinstate footpath usage fees for use of Council land/road reserve to enable construction work events or temporary use............................................................. 89

13.13 Grants July 2023.......................................................................................................... 93

13.14 Establishment of Alcohol Free Zones....................................................................... 99

13.15 2023/24 Loan Borrowing Program.......................................................................... 104

Sustainable Environment and Economy

13.16 Summary of Community Feedback on Byron Bay Triathlon 2023.................... 108

13.17 Car share: (1) Expression of Interest evaluation results, and (2) 2022/23 community usage........................................................................................................................... 113

13.18 Dingo and Wild Dog Control in Byron Shire.......................................................... 120

13.19 Review of Council's Onsite Sewage Management Strategy 2001 and Onsite Sewage Management Guidelines 2004................................................................................. 132

13.20 Appointment of Replacement Community Member to the Climate Change and Resource Recovery Advisory Committee.............................................................. 137

Infrastructure Services

13.21 Adoption of the Byron Design Guide...................................................................... 140

13.22 Levels of Service to Heritage Park Arboretum...................................................... 150

13.23 Northern and Western Rail Corridor Reports........................................................ 156

13.24 Tender: 2023-1590 Provision of Mowing and Ground Maintenance Services 160

13.25 Bangalow Sports Fields Plan of Management and Landscape Masterplan.... 166

13.26 Tender: Bangalow Sportsfield Lighting.................................................................. 169

13.27 Mullumbimby Heritage Park Landscape Masterplan........................................... 176

13.28 Update on the Additional Flow Path project - Response to Council Resolutions 23-108 and 23-277.................................................................................................................. 185

14. Reports of Committees

Corporate and Community Services

14.1 Report of the Arts and Creative Industries Advisory Committee Meeting held on 29 June 2023................................................................................................................... 192

Sustainable Environment and Economy

14.2 Report of the Business and Industry Advisory Committee Meeting held on 15 June 2023............................................................................................................................. 196

14.3 Report of the Climate Change and Resource Recovery Advisory Committee Meeting held on 29 June 2023................................................................................................ 198

Infrastructure Services

14.4 Report of the Water and Sewer Advisory Committee Meeting held on 15 June 2023...................................................................................................................................... 201

14.5 Report of the Local Traffic Committee Meeting held on 21 July 2023.............. 205

14.6 Report of the Moving Byron Advisory Committee Meeting held on 15 June 2023 210

15. Questions With Notice

15.1 Urban Water and Sewer Systems Part 2............................................................... 213

16. Confidential Reports

General Manager

16.1 Confidential - Lease to Catholic Healthcare Limited over proposed Lot 50 in unregistered plan of subdivision (presently part Folio 188/728535) request for further holding over................................................................................................................ 215

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

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

BYRON SHIRE COUNCIL

Notices of Motion 9.1

Notices of Motion

Notice of Motion No. 9.1 Murwillumbah Rd Mullumbimby

File No: I2023/1185

I move that Council:

1. Accepts the need to and if necessary, determine or applies to the relevant authority for the existing, above mentioned, road to become a gazetted road.

2. Accepts responsibility for any future upgrade and ongoing maintenance required to provide suitable, standard vehicular access to the adjoining properties.

Signed: Cr Alan Hunter

Councillor’s supporting information:

Council where appropriate should always aim to provide safe and open access on public roads and pathways across the shire.

In this case, the street is a 150 mt remnant from the old interstate highway on the eastern side of the Main Arm Rd - Coolamon Scenic Dr intersection in Mullumbimby, so it is difficult to see how it has never been gazetted as has been claimed by staff when asked about maintaining the road.

The road has been referred to differently by staff at various times including, an ungazetted road, a road reserve, a shared driveway and a public road, all used to avoid acknowledging any obligation to maintain the road carriageway.

Council in the past has required development applicants in the street to provide a bond to repair any damage caused by the developer.

It is clearly not a private access road, instead open to the public and providing the only access to lots 17, 19 & 21 for many years.

Despite all this Council has on a few occasions carried out some maintenance at various times over the last 40 years stressing it as a favour for the street residents and claiming it is not a council responsibility. Council has a water main also under

the road which has required repairs in past years causing further damage to the road surface.

Council has also required a bond on development applicants in the street to repair any damage to the road by the building works. A normal standard requirement for any development that abuts council managed land.

Staff comments

by James Flockton, Infrastructure Planning Coordinator, Infrastructure Services:

Council has a considerable road network to maintain, sealed and unsealed. As has been previously reported to Council in Asset Management Plan’s, existing budgets are limited to maintain Council’s existing network.

Significant improvements have been made in recent times due to grant funding, but existing recurrent funding continues to be insufficient to cover all road and drainage infrastructure needs. Therefore staff and Council need to carefully consider committing to increasing the maintenance burden.

Staff maintain mapping of the road segments we currently maintain. The driveway / access road in question that provides access to 3 properties is likely within Council Road Reserve, but is not a segment we maintain.

The image below shows the property / road reserve boundary with a red line.

Survey would be required to ensure the driveway is wholly within road reserve or not.

Council does not currently have a policy that has a methodology for deciding which segments we do or do not maintain.

Historically staff have used a rule that if an access road within road reserve provides access to five or more properties, it will be included as a road segment to be maintained.

The subject access does not meet this criteria therefore staff do not support the maintaining of this access at this time.

Resolving as recommended will set a precedent that with time will result in a reduction in Council’s overall service levels for road maintenance.

Council’s current policy on road maintenance can be found at the below link.

The Policy Statement is as below:

2. Policy statement

2.1. Council shall maintain a detailed register properly identifying all approved roads

under the care, control and management of Council.

2.2. Council funds shall not be expended on any road not included in the roads register.

2.3. Council may complete maintenance and construction on private roads or roads not

under Council's control at the applicant's expense.

2.4. Council may accept the responsibility for other roads providing the road is

constructed to the standards provided in Council's Code for Civil Works.

It is recommended that the following alternate resolution be considered prior to making a final decision on maintaining the above access road:

That Council’s Infrastructure Advisory Committee receive a report regarding Councils Register of Roads Maintained By Council Policy and that the report include an updated policy and case studies to support the direction stipulated by the policy

This will allow Council to consider the subject site as a case study while also considering the precedent that the movers resolution will set on Council’s limited resources to maintain roads across the shire.

Financial/Resource/Legal Implications:

Whilst the maintenance of the proposed section may appear to have a minor impact on Councils overall budget, it is the precedent that this decision makes that has the greater financial impact and risk on Council long term ability to maintain current service levels.

Is the proposal consistent with any Delivery Program tasks?

No. Delivery Program tasks require staff to maintain roads as per current policies and as noted above, the proposed road is not a segment Council maintains. Council would need to resolve to add this segments to its maintenance segments.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.1

Staff Reports - General Manager

Report No. 13.1 Agistment licence to Leela Plantations Pty Ltd (A.C.N 064 533 777)

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2023/1088

Summary:

Leela Plantations Pty (A.C.N 064 533 777) Ltd holds a current agistment licence over Folio 15/1178892,1 Dingo Lane Myocum that ends on 31 December 2023. Leela Plantations Pty Ltd has requested a new agistment licence for the continued occupation of the land.

RECOMMENDATION:

1. That Council, delegates the General Manager, to enter into an Agistment Licence with Leela Plantations Pty Ltd (A.C.N 064 533 777) on the following terms and conditions

a) over part Folio 15/1178892, 1 Dingo Lane Myocum,

b) term of twelve-months with ongoing holding over as a monthly tenant,

c) base rent to start at $6,240 (exclusive GST) per annum with base rent increased annually thereafter on each anniversary by Consumer Price Index All Groups Sydney (‘CPI’)

d) purpose for the grazing no more than 40 head of cattle and five horses, with horses to be grazed in the ‘Top Paddock’ on the land.

e) Licensee to pay:

i) all outgoings payable to occupy the land for the purpose,

ii) public liability insurance cover,

iii) carry out improvements to existing fencing, weed control and other

on the land as negotiated with the Licensor prior to commencement

of the Agistment Licence.

f) that if Council commences work on the 5MW Solar Farm Project on the Land, the licence to terminate.

Report

Leela Plantations Pty Ltd (A.C.N. 064 533 777), (‘Leela Plantations’) has requested a new agistment licence over part Lot 15 DP 1178892 (‘the Land’) for the grazing of cattle and horses on the Land.

Council resolved (21-511) at its 26 November 2021 meeting:

That Council authorises the General Manager, under delegation, to enter into an agistment licence with Leela Plantations (A.C.N. 364 533 777) on the following terms:

a) part Lot 15 DP 1178892,

b) term 12-months plus an option of 12-months,

c) base rent set at $6,240 (excluding GST) with rent increased annually thereafter

by Consumer Price Index All Groups Sydney,

d) purpose of grazing no more than 40 head of cattle and five horses, with horses

to be grazed in the ‘Top Paddock’ on the Land,

e) the Licensee to pay:

i) all outgoings payable to occupy the Land for the purpose, and

ii) required insurances, and

iii) carry out improvements to existing fencing, weed control and other on the Land as negotiated with the Licensor prior to commencement of the Licence.

f) the Licence to terminate prior to expiry of the term and option if Council

commences work on a 5MW Solar Farm Project on the Land.

The Land:

The Land being 1 Dingo Lane Myocum (‘the Land’) is Council owned land classified as operational. The Land is a proposed site for a 5MW Solar Farm Project.

Council resolved (21-169) in relation to the Dingo Lane 5MW Solar Farm Project:

1. Notes the Business Case included as Attachment 1 (E2021/44986) and endorse Option 3 as the preferred option,

2. Continues with the current Development Application to progress the project to shovel ready status, and

3. Receives 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.

Leela Plantations requests the right to continue to licence the Land for agistment until such a time as Council resolves to proceed to build the 5MW Solar Farm on the Land and the agistment licence ends.

Direct negotiation

Council may directly negotiate the proposed twelve-month agistment licence with ongoing holding over as a monthly tenant in accordance with s55(3)(n)(i) of the Local Government Act 1993 because the value of the contract over the term is less than the prescribed statutory value.

As the Land is classified as operational land, mandatory community consultation provisions in the Local Government Act do not apply to the agistment licence.

Term of proposed agistment licence:

The proposed agistment licence is to be offered on following:

1. part Folio 15/1178892, 1 Dingo Lane Myocum,

2. term of twelve-months with holding over as a monthly tenant,

3. base rent set at $6,240 (exclusive GST) per annum with base rent to be increased annually thereafter on each anniversary by Consumer Price Index All Groups Sydney (‘CPI’),

4. purpose of grazing no more than 40 head of cattle and five horses, with horses to be grazed in the ‘Top Paddock’ on the Land,

5. Licensee to pay:

a. all outgoings payable to occupy the Land for the purpose, and

b. required insurances, and

c. carry out improvements to existing fencing, weed control and other the Land as negotiated with the Licensor prior to commencement of the Licence.

6. that if Council commences work on the 5MW Solar Farm Project on the Land, the licence to terminate.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy		DP Action	Code	OP Activity
3: Nurtured Environment	3.5: Minimise waste and encourage recycling and resource recovery practices	3.5.5: Facilities and services - Provide resource recovery facilities and services that meet statutory requirements		3.5.5.2	Develop and implement an Asset Management Plan and Programmed Maintenance Schedule for waste assets at the Byron Resource Recovery Centre

Recent Resolutions

· 21-169, 21-511

Legal/Statutory/Policy Considerations

Local Government Act 1993 (NSW)

s55 Requirements for tendering

(3) This section does not apply to the following contracts

(n) a contract involving an estimated expenditure or receipt of an amount of—

(i) less than $250,000 or another amount as may be prescribed by the

regulations, or

(ii) less than $150,000 or another amount as may be prescribed by the regulations for a contract involving the provision of services where those services are, at the time of entering the contract, being provided by employees of the council,

ICAC Direct Negotiations Guidelines:

According to the Independent Commission Against Corruption (‘ICAC’) Direct Negotiation Guidelines, Council may directly negotiate in the following circumstances:

a) Exemption by State legislation, see s55(3)(n)(i) of the Local Government Act, or

b) where income derived from the proposed contract is relatively low to the cost of conducting a competitive process.

Council Leasing and Licensing Policy 2020:

Clause 4.3 Selection Process authorises the direct negotiation of a licence when permitted by the Independent Commission Against Corruption (‘ICAC’) Direct Negotiation Guidelines.

Financial Considerations

An independent market rent valuation for the proposed agistment licence set base rent at $6,240 (exclusive GST) per annum.

The licence preparation fee $601.00 (incl GST) as set in Council’s 2023-2024 Fees and Charges is payable by Leela Plantations Pty Ltd.

Consultation and Engagement

Council is not required to publicly advertise the propose twelve-month agistment licence to Leela Plantations Pty Ltd because the Land is classified as operational land.

Internal consultation has occurred with the Manager Resource Recovery being the asset manager for the Land.

BYRON SHIRE COUNCIL

Staff Reports - General Manager 13.2

Report No. 13.2 Policy Commercial Activities on Coastal and Riparian Crown Reserves review

Directorate: General Manager

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2023/1057

Summary:

A review of Council Policy Commercial Activities on Coastal and Riparian Crown Reserves is due. Consultation with key stakeholders on the Policy review has occurred and has resulted in several proposed Policy amendments. This report recommends that an amended draft Policy is placed on exhibition for 28-day and public comment invited.

RECOMMENDATION:

That Council adopts the amendments to Policy Commercial Activities on Coastal and Riparian Crown Reserves as detailed in the attached Draft Policy and places the Draft Policy on public exhibition for 28-days, and

a) should no submissions be received, that the Draft Policy is adopted, and

b) should submissions be received that all submissions are reported back to Council.

Attachments:

1 Attachment: Draft Policy Commercial Activities on Coastal & Riparian Crown Reserves 2023, E2023/2345

Report

Council Policy Commercial Activities on Coastal and Riparian Crown Reserves (‘the Policy’) guides the granting of licences for commercial and non-commercial activities on coastal reserves in the Shire.

The Policy continues to distinguish between non-commercial activities requiring a Class 1 licence and commercial activities requiring a Class 2 sub-licence. Class 2 sub-licences are to be granted following a competitive tender.

With the next competitive tender due in 2024, a review of the Policy is now due so as to ensure that guidance provided in the Policy remains relevant.

Consultation on the Policy review:

Consultation on the Policy review has already occurred with external agencies, current Class 2 sub-licence holders, Councillors, together with a general stakeholder workshop.

A summary of consultation to date follows:

a) Consultation with external agencies:

In February 2023 Council hosted a meeting to discuss the Policy review with the Department of Planning and Environment - Crown Lands, Cape Byron Marine Park, Transport for NSW, National Parks and Wildlife Services and Reflections Holiday Parks.

External agencies requested no change to the type and number of Class 2 sub-licences offered following a competitive tender for water-based activities.

National Parks and Wildlife Services required no increase in commercial activities within National Park areas at Clarkes Beach and The Pass as required by the Cape Byron State Conservation Area Plan of Management.

The Department of Planning and Environment – Crown Lands consented to Council including one new Class 2 sub-licence for access through reserves for equestrian activities in the Policy review.

b) Consultation with current commercial sub-licensee holders:

Current Class 2 sub-license holders and other interested persons were invited to make written submissions on the Policy review during May 2023. Council received 15 submissions. A summary of submissions received was presented at a Councillor workshop on 1 June 2023.

c) Workshop with Councillors:

Councillors considered outcomes from the February external agencies meeting and a summary of written submissions received from current Class 2 sub-licence holders and others at the 1 June 2023 workshop. Councillors agreed in-principle to:

· include one new Class 2 sub-licence for access through reserves for equestrian activities in the Policy review, and

· leave terms and conditions of a Class 2 sub-licence as listed in the Policy unchanged in the Policy review.

d) Stakeholder workshop 20 July 2023:

A stakeholder workshop with current Class 2 sub-licence holders, other interested persons and external agencies was held on 20 July 2023. Outcomes of that workshop include:

1. Change to terms and conditions of Class 2 sub-licence:

a) Stakeholders suggested the current limit on 2 surf schools per day is no longer suitable and requested that clause 3.6.1 in the Policy be amended to allow for a 3^rd surf school per day when certain conditions are met.

This proposal has been included in the draft Policy.

b) Stakeholders further suggested that the current limit of 10 students per surf school session is outdated and a likely contributing factor to the growth of unlicensed surf schools in the Shire. The limiting of supply of student places in surf schools causes the schools to fill quickly resulting in interested persons looking to social media to meet the demand.

This proposal has not been included in the Policy review due to the Cape Byron State Conservation Area Plan of Management that prevents an increase in surf school participation numbers in the National Park at Clarkes Beach, The Pass and Tallows Beach.

c) Sea kayak stakeholders requested that clause 3.6.1 of the Policy is amended to bring the Policy in line with Paddle Australia Guidelines for the instructor to student ratio based on prevailing weather conditions.

This proposal has been included in the draft Policy.

d) Sea kayak stakeholders additionally requested that clause 3.6.1 of the Policy is further amended to establish an annual limit on sea kayak tours whereby a maximum of 3 tours per day are possible when certain conditions are met.

This proposal has been included in the draft Policy.

2. Parking and storage of equipment on a coastal reserve:

Council discussed its intention with stakeholders that no storage or parking on a coastal reserve is to be offered in the 2024 tender.

To assist Class 2 sub-licensees with a safe location to handle their equipment, Council proposes the construction of a loading zone on Lawson Street. Stakeholders were encouraged to assist Council in the design of the loading zone to achieve best outcomes.

Further, parking permits will remain available for trailers up to 6 metres in length to park in Clarkes Beach carpark, however timed parking will still apply.

As the current Policy does not authorise or permit parking or the storage of equipment on a coastal reserve, no Policy amendments are required.

3. Enforcement of unlicensed commercial surf schools operating in the Shire:

Stakeholders raised concerns about the number of unlicensed surf schools trading in the Shire and requested new financial penalty provisions in the Policy dealing with the issue. As fees for proven offences are set by the Local Government Act, no assistance can be provided by a Policy amendment.

Council did give an undertaking to investigate and follow up all complaints regarding unlicensed surf schools trading in the Shire.

Policy amendments

To ensure guidance provided by the Policy is clear and concise, the Policy content has been reformatted to comply with Councils new Policy template.

Further, to ensure that guidance provided in the Policy remains relevant, the following amendments are proposed:

1. New clause 1.1 new Policy objectives:

a. To establish a balance between passive and active recreational use of coastal reserves,

b. To protect coastal reserve environments during licensed activities,

c. To clarify the types of low impact commercial recreational activities that may occur in coastal reserves and the regulation of those activities, and

d. To provide a fair and transparent process for the grant of licences on coastal reserves.

2. New clause 3.1 requires all proposed activities on a coastal reserve to meet a general threshold criterion before either a Class 1 licence or a Class 2 sub-licence can be considered.

The proposed activity must be:

a. consistent with the coastal Reserve, reserve purpose,

b. consistent with any Plan of Management applying to the coastal Reserve, or if none, the activity must not change the nature or use of the coastal Reserve,

c. a valid Future Act under the Native Title legislation on a coastal Reserve where Native Title rights and interests do or could continue,

d. consistent with the terms of any Crown Lands licence or lease that applies to the coastal Reserves, and

e. lawful, which means additional approvals or permissions may also be required.

3. Amended clause 3.3 to include two new types of Class 1 licences being:

a. environmental protection, conservation or restoration or environmental studies, and

b. site investigation.

4. Clause 3.4 new Class 2 sub-licence is included for access through a coastal reserve for equestrian activities,

5. New clause 3.5 to deal with ad hoc requests to conduct commercial activities on a coastal reserve. The proposed activity must meet the general threshold criteria in clause 3.1 and if so, Council has the option to resolve to permit the commercial activity on the coastal reserve.

6. Clause 3.6.1 is amended as follows:

a. Frequency of surf schools and personalised surf schools is amended to:

i. 2 surf school sessions per day except:

· 3 surf school sessions per day may occur during the overlap of NSW and Queensland school holidays in April and October and for the period 26 December to 26 January inclusive, and

· a 3^rd session per day must not occur within the National Park at Clarkes Beach, The Pass and Tallows Beach, and

· sub-licensees must notify Council in writing of the location and time of a 3^rd session before it is held.

b. Frequency of sea kayak tours amended to:

i. a maximum annual tour limit of 730 tours, and

ii. a maximum of 3 tours per day per sub-licence, and

iii. sub-licensees must notify Council and the Cape Byron Marine Park in writing before conducting a 3^rd tour per day, and

iv. sub-licensees must report in writing to Council and the Cape Byron Marine Park before the end of December, March, June, and September in each year of the sub-licence the total number of tours conducted during the quarter and total number of tours year to date.

c. The participation ratio of students to instructors for sea kayaks is amended to Paddle Australia guidelines being:

i. baseline starting ratio of 1 instructor to 6 students or 1 instructor to 8 students if using tandem kayaks,

ii. supervision should be increased towards a ratio of 1:2 considering the following conditions or variables:

· participants have special needs, including behavioural, physical, or mental disability,

· participants are primary school children,

· foreseeable conditions are poor, including swell, breaking waves, spring tides and/or wind (especially if against the tide),

· the water temperature is cold and may affect participants’ capabilities,

· a trip is being undertaken which:

o is along a committing shoreline,

o is remote from observation,

o involves unavoidable tide races or over falls.

o Access or egress will involve surf > 1 metre.

iii. Supervision may be relaxed towards a ration of 1:10 considering the following conditions or variables:

· all participants are adults,

· all participants are competent, both individually and as a group, to deal with likely problems, which may be encountered,

· all participants are reliable rollers,

· good weather forecast for a stable sea state with no spring tides or tidal stream,

· water temperatures are warm and present little risk to participants,

· the location /route is in not remote and assistance from other groups or craft is available,

· the location/route is always close to an easily accessible shoreline, and

· the leader holds a higher qualification than required for the activity.

This report recommends that Council adopt the amended and reformatted Policy and resolve to publicly exhibit the new draft Policy for twenty-eight days for additional public comment.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
5: Connected Infrastructure We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable	5.4: Provide accessible community facilities and open spaces	5.4.2: Parks and open spaces - Provide and maintain active and passive recreational community space that is accessible and inclusive for all	5.4.2.11	Progress Plans of Management for Crown Reserves

Recent Resolutions

· 21-429

Legal/Statutory/Policy Considerations

Crown Land Management Act 2016

2.20 Short-term licences over dedicated or reserved Crown land

(1) The regulations may make provision for or with respect to the following concerning short-term licences over dedicated or reserved Crown land—

(a) any purposes for which the licences may be granted (prescribed purpose),

(b) any conditions to which the licences are subject (prescribed condition),

(2) The Minister may grant a short-term licence over dedicated or reserved Crown land for any prescribed purpose.

(3) A short-term licence may be granted even if the purpose for which it is granted is inconsistent with the purposes for which the Crown land is dedicated or reserved.

(4) A short-term licence may be granted subject to conditions specified by the Minister and is also subject to any prescribed conditions.

(6) A short-term licence ceases to have effect when the prescribed maximum term after it is granted expires unless it is revoked sooner by the Minister or is granted for a shorter term.

(7) Sections 2.18 and 2.19 do not limit the circumstances in which short-term licences can be granted under this section.

Crown Land Management Regulations 2018

cl31 Short-term licences over dedicated or reserved Crown land

(1) Each of the following purposes is prescribed as a purpose for which a short-term licence may be granted under section 2.20 of the Act—

(a) access through a reserve,

(e) community, training, or education,

(f) emergency occupation,

(g) entertainment,

(h) environmental protection, conservation or restoration or environmental studies,

(j) exhibitions,

(k) filming (as defined in the Local Government Act 1993),

(l) functions,

(q) meetings,

(v) site investigations,

(w) sporting and organised recreational activities,

(y) storage.

(2) In addition to any other condition to which a short-term licence granted under section 2.20 of the Act is subject, the condition that the relationship of landlord and tenant is not created between the parties is also prescribed.

(3) The period of one year is prescribed as the maximum term for which a short-term licence may be granted under section 2.20 of the Act (including any further term available under an option or holding over provision).

Financial Considerations

Nil.

Consultation and Engagement

The following consultation has occurred regarding the Policy review:

1. February 2023 meeting with Department of Planning and Environment - Crown Lands, Cape Byron Marine Park, Transport for NSW, National Parks and Wildlife Services and Reflections Holiday Parks.

2. May 2023 request for written submissions on the Policy review from Class 2 sub-licence holders and other interested persons.

3. June 2023 workshop with Councillors on the Policy review.

4. July 2023 stakeholder workshop on the Policy review.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.3

Staff Reports - Corporate and Community Services

Report No. 13.3 Local Government NSW Annual Conference 2023

Directorate: Corporate and Community Services

Report Author: Amber Evans Crane, Governance Support Officer

File No: I2023/1035

Summary:

The Local Government NSW Annual Conference 2023 will be held from Sunday, 12 November to Tuesday, 14 November 2023 at the Grand Pavilion, Rosehill Gardens Racecourse, Rosehill in the City of Paramatta.

Council is entitled to three voting delegates in the debating session. In accordance with the Councillor Expenses and Facilities Policy, “A resolution of Council is required to authorise attendance of Councillors at LGNSW Conference(s) as a voting delegate.”

RECOMMENDATION:

That Council:

1. Authorises the attendance of Crs __________, __________, and __________ as voting delegates at the Local Government NSW Annual Conference 2023, to be held from 12 to 14 November 2023.

2. Notes that LGNSW members are encouraged to submit motions by Friday 15 September 2023.

3. Submits the motion that:
“That LGNSW advocates to the Local Government Remuneration Tribunal to formally recognise Deputy Mayors as a distinct category within the local government remuneration framework.”

Report

The Conference brings together delegates of member councils to submit, debate, and vote on motions relating to strategic local government issues. Resolutions form the LGNSW advocacy priorities for the year ahead.

In assessing a Councillor request to attend a conference, Clause 6.40 of the Policy asserts the following factors must be considered:

1. relevance of the topics and presenters to current Council priorities and business and the exercise of the Councillor’s civic duties

2. cost of the event in relation to the total remaining budget.

Conference voting delegates

Council is entitled to three voting delegates in the debating session. This number is determined by population, further information is available here.

As per Clause 6.37 of the Councillor Expenses and Facilities Policy 2022, “A resolution of Council is required to authorise attendance of Councillors at… LGNSW Conference(s) as a voting delegate”.

Conference motions

All LGNSW member councils are invited to submit motions in accordance with the 2023 Motions Submission Guide.

The LGNSW criteria for motion submission specifies that motions must be:

1. consistent with the objects of LGNSW (see Rule 4 of the Association’s rules),

2. relate to or concern local government as a sector in NSW and/or across Australia,

3. seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),

4. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws),

5. clearly worded and unambiguous in nature, and

6. not expressing preference for one or several members over one or several other members.

As per clause 6.40 of the Councillor Expenses and Facilities Policy 2022, motions to the Local Government NSW Annual Conference must first be endorsed by Council prior to submission.

Proposed Motions

When determining the fees payable to the Mayor and Councillors for the 2023/24 financial year, Council resolved (22-229) that Council:

1. Fixes the fee payable to each Councillor under section 248 of the Local Government Act 1993 for the period 1 July 2023 to 30 June 2024 at $26,070.

2. Fixes the fee payable to the Mayor under section 249 of the Local Government Act 1993, for the period from 1 July 2023 to 30 June 2024 at $64,390.

3. Not determine a fee payable to the Deputy Mayor, in accordance with current practice, and:

a) Prepare a submission for the LGNSW Conference requesting that Deputy Mayors are recognised as a separate category in remuneration

b) Continue to make submissions to the Remuneration Tribunal for a specific allowance for Deputy Mayors

A draft motion and supporting material is provided below for Council endorsement.

That LGNSW advocates to the Local Government Remuneration Tribunal to formally recognise Deputy Mayors as a distinct category within the local government remuneration framework.

Supporting information:

Deputy Mayors undertake significant responsibilities, including representing the Mayor in their absence, chairing committees, and playing a pivotal role in decision-making and advocacy. These duties often demand extensive time, effort, and expertise beyond their role as a Councillor. The Local Government Act 1993 s249(5) provides that “A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.” This provision does not appropriately or equitably recognise the increased responsibilities of the Deputy Mayor on a day to day basis.

The current remuneration structure fails to account for the instances where the Deputy Mayor is required to step in and/or support the Mayor, not just during periods of absence, but also during times of heavy workload or emergencies. These situations often demand the Deputy Mayor's immediate attention, involvement, and leadership.

To adequately address this gap, we request that LGNSW advocates to the Local Government Remuneration Tribunal to establish a remuneration structure that recognises the distinct role and contributions of Deputy Mayors.

Key deadlines:

Date (2023)	Due
29 August	Due date for notices of motion to the 14 September Council (Planning) Meeting. This is the last opportunity for motions to be considered by Council and meet the timeframes for inclusion in the LGNSW Business Paper (below).
15 September	Due date for motion submission to LGNSW to allow for preparation of the Business Paper before the Conference.
5 October	Latest date motions can be submitted to LGNSW for inclusion in the business paper.
27 October (5pm)	Due date for notification to LGNSW of council voting delegates.

Delegate report

Following the Conference, Councillor/s are requested to submit a delegate’s report in writing to an Ordinary Meeting of Council on the aspects of the conference, seminar, workshop, or function relevant to Council business and or the local community.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.2: Governance - Ensure legislative compliance and support Councillors to carry out their civic duties	1.1.2.3	Provide administrative support to Councillors to carry out their civic duties

Legal/Statutory/Policy Considerations

Councillor Expenses and Facilities Policy 2022

Financial Considerations

The draft 2023/24 budget provides an allocation of $30,000.00 for Councillor attendance at conferences throughout the financial year.

Costs (per delegate) expected to be incurred are as follows:

Registration Fee (Early bird) $1150.00

Conference Dinner $230.00

Flights* $200.00

Accommodation (3 nights)* $800.00

Total $2,380.00

*Approximate

Consultation and Engagement

Not applicable.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.4

Report No. 13.4 Community Initiatives Program 2023-2024 Recommendations for Funding

Directorate: Corporate and Community Services

Report Author: Melitta Firth, Arts & Culture Officer

Emily Fajerman, Community & Cultural Development Coordinator

Vanessa Miller, Project Officer (Collaboration Lead)

File No: I2023/1037

Summary:

The Community Initiatives Program provides funding to not-for-profit community organisations and community groups to deliver projects that create positive social, cultural, and environmental outcomes.

Council called for applications between 16 May and 12 June 2023 and 20 eligible applications were received. This report recommends that 11 community projects are funded to the value of $52,427 for the 2023/2024 financial year.

RECOMMENDATION:

That Council approves the recommended projects for the Community Initiatives Program as per Confidential Attachment 1 (E2023/79113), listed below and notes projects not recommended for funding.
(to be inserted following Council determination):

_______________________________

Attachments:

1 Confidential - Community Initiatives Program 2023-2024 - Assessment Panel ~ for Council, E2023/79113

Report

Through the provision of grants, sponsorships and funding, Council works in collaboration with community groups to further the aims identified in the four-year Delivery Program and annual Operational Plan.

Each year, incorporated not-for-profit organisations and community groups are eligible to apply for grants of up to $5,000 through Council’s Community Initiatives Program. The maximum amount available for the 2023/2024 program is $52,800 and the total amount requested in applications was $91,837.

On 16 May Council opened the Community Initiatives Program round for 2023/2024 and applications closed on 12 June 2023.

Information about the Community Initiatives Program such as application dates, guidelines, eligibility, and criteria were made available on Council’s website, Facebook page and via the Echo Newspaper. Email campaigns were also utilised to target interested stakeholders and networks.

A total of 20 eligible applications were received. Applications were assessed against defined criteria as well as the integrity of the proposed budget, project plan, partnerships, contributions, and connection to the local community.

Council’s assessment panel included:

· Resource Recovery Education and Compliance Officer

· Acting Community Development Coordinator

· Councillor Support / NYE Soul Street Coordinator

· Public Space Liaison Officer

The panel recommends that Council funds 11 of the highest ranked community projects, detailed in Attachment 1 (E2023/79113), for a total value of $52,427.

The selected community projects are geographically dispersed throughout the Shire and celebrate cultural diversity, access and inclusion, community connection and resilience. The projects prioritise the environment, mental health, youth leadership and the arts through education programs, immersive experiences, events and programs.

All funding recipients will be required to sign a contract, share project outcomes, and acquit their funding to Council by June 2024.

Next steps

Contracts will be entered into with all successful applicants, pending Council approval by resolution.

The contract management process will involve staff in the Community and Cultural Development team setting contract conditions for each approved project, establishing communications and information management, meeting with community stakeholders and reviewing project acquittals.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.5: Empower community leadership through collaboration, capacity building, and cultivating community driven initiatives	1.5.1: Community grant programs - Provide financial assistance and grants to empower community groups and organisations to deliver priority projects	1.5.1.1	Deliver annual Community Initiatives Program and associated funding and support

Legal/Statutory/Policy Considerations

The Community Initiatives Program (Section 356) Policy details the process and approach for delivering the funding. The Policy was reviewed in March 2022, resulting in changes to improve program delivery, and was adopted by Council on 25 March 2022 (Res 22-077).

Section 356 of the Local Government Act 1993 provides that a council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

The provisions of section 356 (2) have been complied with.

Financial Considerations

A total value of $52,427 is recommended in this report and is provided in the 2023/2024 Community Development budget.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.5

Report No. 13.5 Council Investments - 1 June 2023 to 30 June 2023

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2023/1050

Summary:

This Report includes a list of investments and identifies Council’s overall cash position for the period 1 June 2023 to 30 June 2023 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 of 30 June 2023.

Report

Council has continued to maintain a diversified portfolio of investments. As of 30 June 2023, the average 90-day bank bill rate (BBSW) for the month was 4.05%. Council’s performance for June 2023 was 4.16%.

The increased interest rates from new investments is recognised and as a result Council is performing above the average BBSW. The table below identifies the investments held by Council as at 30 June 2023.

Schedule of Investments held as at 30 June 2023

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%	940,790.00
20/11/18	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	22/03/24	Y	B	1.78%	997,450.00
28/03/19	1,000,000.00	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	Y	B	2.38%	912,290.00
21/11/19	1,000,000.00	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	Y	B	1.25%	950,570.00
27/11/19	500,000.00	National Housing Finance & Investment Corp	Y	AAA	27/05/30	Y	B	1.52%	419,303.50
15/06/21	500,000.00	National Housing Finance & Investment Corp	Y	AAA	01/07/31	Y	B	1.99%	504,018.81
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	1.83%	790,060.00
04/01/23	2,000,000.00	NAB	P	AA-	01/09/23	N	TD	4.60%	2,000,000.00
05/01/23	2,000,000.00	NAB	N	AA-	04/09/23	N	TD	4.60%	2,000,000.00
01/02/23	2,000,000.00	NAB	N	AA-	31/07/23	N	TD	4.35%	2,000,000.00
14/02/23	2,000,000.00	NAB	N	AA-	13/09/23	N	TD	4.95%	2,000,000.00
21/02/23	2,000,000.00	NAB	N	AA-	21/09/23	N	TD	5.05%	2,000,000.00
23/02/23	2,000,000.00	Bank of QLD	P	BBB+	25/09/23	N	TD	5.05%	2,000,000.00
28/02/23	2,000,000.00	NAB	N	AA-	26/09/23	N	TD	5.09%	2,000,000.00
13/03/23	2,000,000.00	NAB	N	AA-	11/07/23	N	TD	4.35%	2,000,000.00
24/01/23	1,000,000.00	Macquarie Bank	P	A	26/07/23	N	TD	4.42%	1,000,000.00
28/03/23	1,000,000.00	Police Bank	P	BBB	26/07/23	Y	TD	4.35%	1,000,000.00
04/04/23	2,000,000.00	Auswide Bank Ltd	P	BBB	04/07/23	Y	TD	4.55%	2,000,000.00
05/04/23	1,000,000.00	NAB	N	AA-	04/07/23	N	TD	4.35%	1,000,000.00
19/04/23	1,000,000.00	Bank of QLD	N	BBB+	14/07/23	N	TD	4.45%	1,000,000.00
20/04/23	1,000,000.00	AMP Bank	P	BBB	20/07/23	N	TD	4.50%	1,000,000.00
27/04/23	1,000,000.00	AMP Bank	N	BBB	27/07/23	N	TD	4.45%	1,000,000.00
05/06/23	1,000,000.00	AMP Bank	N	BBB	31/08/23	N	TD	4.85%	1,000,000.00
20/06/23	1,000,000.00	Bank of QLD	N	BBB	20/09/23	N	TD	5.05%	1,000,000.00
20/06/23	1,000,000.00	AMP Bank	N	BBB	19/09/23	N	TD	5.20%	1,000,000.00
29/06/23	1,000,000.00	Judo Bank	P	BBB-	28/09/23	Y	TD	5.35%	1,000,000.00
N/A	24,655,650.78	CBA Business Saver	P	AA-	N/A	N	CALL	4.20%	24,655,650.78
N/A	117,294.15	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	N	CALL	4.20%	117,294.15
N/A	10,361,882.42	Macquarie Accelerator Call	N	A	N/A	N	CALL	3.95%	10,361,882.42
Total	70,134,827.35						AVG	4.16%	69,649,309.66

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 may from time to time have an investment with a financial institution that invests in fossil fuels but is nevertheless aligned with the broader definition of Environmental and Socially Responsible investments.

Investment Policy Compliance

The below 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).

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	66%	Meets policy
A+ to A-	A1	60%	17%	Meets policy
BBB to NR	A2,NR	40%	17%	Meets policy

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 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 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 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. Investments which 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 June 2023 to 30 June 2023:

Dissection of Council Investment Portfolio as at 30 June 2023

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
28,000,000.00	Term Deposits	28,000,000.00	0.00
24,655,650.78	CBA Business Saver	24,655,650.78	0.00
117,294.15	CBA Business Saver – Tourism Infrastructure Grant	117,294.15	0.00
10,361,882.42	Macquarie Accelerator	10,361,882.42	0.00
7,000,000.00	Bonds	6,514,482.31	(485,517.69)
70,134,827.35	Total	69,649,309.66	(485,517.69)

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. The table below identifies Council’s overall cash position for the month of June 2023 as follows:

Dissection of Council’s Cash Position as at 30 June 2023

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	28,000,000.00	28,000,000.00	0.00
CBA Business Saver	24,655,650.78	24,655,650.78	0.00
CBA Business Saver – Tourism Infrastructure Grant	117,294.15	117,294.15	0.00
Macquarie Accelerator	10,361,882.42	10,361,882.42	0.00
Bonds	7,000,000.00	6,514,482.31	(485,517.69)
Total Investment Portfolio	70,134,827.35	69,649,309.66	(485,517.69)
Cash at Bank
Consolidated Fund	3,623,564.03	3,623,564.03	0.00
Total Cash at Bank	3,623,564.03	3,623,564.03	0.00
Total Cash Position	73,758,391.38	73,272,873.69	(485,517.69)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

In accordance with Section 212 of the Local Government (General) Regulation 2021, the Responsible Accounting Officer of Council must provide Council with a monthly report detailing all monies it has invested under section 625 of the Local Government Act 1993.

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

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

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

Financial Considerations

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

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.6

Report No. 13.6 Carryovers for Inclusion in the 2023-2024 Budget

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2023/1107

Summary:

This report is prepared for Council to consider and to adopt the carryover Budget allocations for works and services, either commenced and not completed, or not commenced but allocated in the 2022/2023 financial year for inclusion in the 2023/2024 Budget Estimates.

This report is also the subject of a report to the Finance Advisory Committee at its Meeting held on 17 August 2023.

RECOMMENDATION:

That Council approves the works and services (with respective funding) shown in Attachment 1 (#E2023/80387) to be carried over from the 2022/2023 financial year and that the carryover budget allocations be adopted as budget revotes for inclusion in the 2023/2024 Budget Estimates.

Attachments:

1 2022-23 Carryovers for inclusion in the 2023-24 Budget Estimates, E2023/80387

Report

Each year Council allocates funding for works and services across all budget programs. For various reasons, some of these works and services are incomplete at the end of the financial year. The funding for these works and services is restricted or reserved at the end of the financial year to be carried over to the following year for completion.

This report identifies all the works and services proposed to be carried over to the 2023/2024 Budget Estimates and the respective funding of each, relating to works and services not completed during the course of the 2022/2023 financial year. The specific details including funding sources of all carryover works and services that are the subject of this report are outlined in Attachment 1.

The works and services are fully funded and have no impact on Council’s Unrestricted Cash Result or the 2023/2024 Budget Estimates result.

There is a significant number of carryovers with total for 2022/2023 amounting to $19,666,100. This is a decrease when compared to the previous year following efforts as part of the 31 March 2023 Quarterly Budget Review to reduce the 2022/2023 Budget for works and services not likely to be completed at that time and include these in the Draft 2023/2024 Budget Estimates before they were adopted by Council.

Table 1 below outlines a comparison of carryovers from previous financial years:

Table 1 - Value of budget carryovers 2019/20 – 2023/24

Fund	2019/20 ($)	2020/21 ($)	2021/22 ($)	2022/23 ($)	2023/24 ($)
General	6,024,800	7,875,500	10,719,000	17,539,200	15,578,200
Water	301,900	1,118,800	840,300	3,318,000	1,608,600
Sewer	625,400	1,129,200	1,695,500	4,042,400	2,479,300
Total	6,952,100	10,123,500	13,254,800	24,899,600	19,666,100

General Fund

The value of works carried over to 2023/2024 for the General Fund has decreased by approximately 11.2% from the 2022/2023 amount ($1,961,000). Of the $15,578,200 of General Fund carryovers, just over 42% ($6,548,300) is attributable to Local Roads and Drainage projects not completed in 2022/2023 to be carried forward to 2023/2024. This percentage is less than the carryovers attributable to Local Roads and Drainage from 2022/2023 (52%). The extent of carryovers in the General Fund is also relevant to the number of, and size of grant funded works, and the ongoing flood recovery works. Of the General Fund carryovers, $10,750,600 in funding is provided from unexpended or approved grants.

Major carryover items in General Fund greater than $300,000 are as follows:

Item	Amount $
Feb 2022 Flood Event DPIE - Resilience	632,100
DPIE Local Council Support Package	1,545,500
Rifle Range Rd Upgrade	1,952,900
Mullumbimby Local Roads Rehabilitation	337,000
Fed & State Stimulus - Rifle Range Rd	537,200
ECG Reseal Program	1,183,900
Sandhills Wetlands Project	1,223,900
SPNP Mullumbimby Rec - Sporting Amenities	366,700
Bangalow Sports Grounds Lighting Renewal	382,900
Mullumbimby Leagues Club Fields	350,000
Council Chambers Refurbishment	354,700

Water and Sewer Funds

Carryovers for the Water Fund have decreased by $1,709,400 and decreased for the Sewer Fund by $1,563,100 compared to the carryovers for the 2022/2023 financial year. Details of these carryovers are included in Attachment 1.

Major carryover items in Water Fund greater than $100,000 are as follows:

Item	Amount $
DWMP Improvements	134,400
Paterson Street Reservoir Design	100,000
Ewingsdale Road Watermain	191,000
Tuckeroo Supply Main	379,700

Major carryover items in Sewerage Fund greater than $100,000 are as follows:

Item	Amount $
Energy Efficiency Improvements	128,300
Inflow/Infiltration Reduction (except Mullumbimby)	698,400
Telemetry System	179,100
Byron Bay – SPS Renewal	132,500
Inflow/Infiltration Reduction Mullumbimby	556,500
Ocean Shores to BVSTP Transfer Pump	110,700

This report is to be considered by the Finance Advisory Committee at its Meeting held on 17 August 2023.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action	Code	OP Activity
1: Effective Leadership	1.3: Ethical and efficient management of resources		1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management		1.3.1.2	Provide Quarterly Budget Reviews to Council for adoption.

Legal/Statutory/Policy Considerations

Section 211 of the Local Government (General) Regulation 2021 outlines the requirements of Council relating to authorisation of expenditure. Specifically Section 211 states:

(1) A council, or a person purporting to act on behalf of a council, must not incur a liability for the expenditure of money unless the council at the annual meeting held in accordance with subclause (2) or at a later ordinary meeting:

(a) has approved the expenditure, and

(b) has voted the money necessary to meet the expenditure.

(2) A council must each year hold a meeting for the purpose of approving expenditure and voting money.

In accordance with Section 211 of the Local Government (General) Regulation 2021, Council conducted an Ordinary Meeting to approve expenditure on 22 June 2023 via Resolution 23-280 to create the 2023/2024 Budget. The expenditure items that are the subject of this report were not included in the 2023/2024 Budget Estimates, but now need to be. The intent of this report is to seek Council approval to revote the carryovers from the 2022/2023 financial year and to adopt the budget carryovers for inclusion in the 2023/2024 Budget Estimates.

At its meeting held on 28 March 2013 the Strategic Planning Committee considered Report 4.3 on Council’s financial position for the 2012/2013 financial year. The recommendations from this meeting were adopted by Council at its Ordinary Meeting held on 18 April 2013 through resolution 13-164. Committee recommendation SPC 4.3 in part 5 included the following process to be applied to the consideration of any amount identified as a carryover to the 2013/14 and future Budgets and funded from general revenues:

That Council determines that any general revenue funded allocated expenditure, not expended in a current financial year NOT be automatically carried over to the next financial year before it is reviewed, and priorities established.

Financial Considerations

The Financial implications of this report have been outlined above in that, should Council adopt the recommendation of the report, the 2023/2024 Budget result will not change, nor will the Unrestricted Cash Result. Each carryover item presented in Attachment 1 also identifies its respective available funding source(s).

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.7

Report No. 13.7 Delivery Program 6-monthly Report and Operational Plan 2022/23 Quarter 4 Report - to 30 June 2023

Directorate: Corporate and Community Services

Report Author: Heather Sills, Manager Corporate Services

File No: I2023/1164

Summary:

Council’s Operational Plan outlines its projects and activities to achieve the commitments in its four-year Delivery Program. In accordance with the Local Government Act 1993 progress reports must be provided at least every six months.

This report represents the second ‘6-monthly edition’ of the Quarterly Report, providing an additional reporting layer regarding the Council’s progress toward the higher-level actions of the Delivery Program.

Council achieved 80.2% of the Operational Plan activities that were planned to be delivered in 2022/23.

RECOMMENDATION:

That Council notes the Delivery Program 6-monthly Report and 2022/23 Operational Plan Fourth Quarter Report for the period ending 30 June 2023 (Attachment 1 #E2023/78996).

Attachments:

1 Delivery Program 6-Monthly Report and Operational Plan Quarterly Report - Q4 - to 30 June 2023, E2023/78996

Report

The Delivery Program and Operational Plan are two key corporate documents that establish Council’s goals and priorities for the term and the current financial year.

The Delivery Program (4-year) outlines the principal activities to be undertaken to implement the strategies established by the Community Strategic Plan (10-year), within the resources available under the Resourcing Strategy. All plans, projects, activities, and funding allocations must be directly linked to this program.

The Delivery Program is supported by the annual Operational Plan, which identifies the individual projects and activities that will be undertaken for the year to achieve the commitments made in the Delivery Program.

The General Manager is required to provide six monthly progress reports to the Council on the progress toward the delivery program, in accordance with the Local Government Act 1993 s404 which states:

“The general manager must ensure that regular progress reports are provided to the council reporting as to its progress with respect to the principal activities detailed in its delivery program. Progress reports must be provided at least every 6 months”

Achievement of 2022/23 Operational Plan Activities

As this is the last quarter report for the 2022/23 financial year, this report details Council’s achievement of the activities in the 2022/23 Operational Plan. Overall, Council achieved 80.2% of planned activities against the measures in the plan. This compares to 73% during 2021/22.

12.8% of activities were substantially achieved, meaning they were significantly progressed but not finalised, while 4.8% were partially achieved, and 2% deferred. Details on the reason for the status of each activity are outlined in the attachment.

Strategic Objectives

The report (#E2023/78996) is structured by the five Byron Shire Community Strategic Plan 2032 objectives:

· Effective Leadership: We have effective decision making and community leadership that is open and informed

· Inclusive Community: We have an inclusive and active community where diversity is embraced and everyone is valued

· Nurtured Environment: We nurture and enhance the natural environment

· Ethical Growth: We manage growth and change responsibly

· Connected Infrastructure: We have connected infrastructure, transport, and facilities that are safe, accessible, and reliable

Result by CSP Theme

Report Details

The report details Council’s achievement of the activities in the 2022/23 Operational Plan. It includes a status update on progress and notes any highlights or exceptions where actions were delayed or reprioritised.

Each section notes the progress against the activities including:

· Activity

· Responsible directorate

· Measure

· Timeframe

· Comments

· Status

The report also includes updated results for the newly developed ‘indicators,’ from the Outcomes Measurement Framework which is subject of a separate report to Council on the adoption of the revised Delivery Program 2022-26.

Summary of Achievements

Council achieved 80.2% of its actions during this period. Some activities were not fully achieved and/or deferred. Further detail on individual activities and the impacts is provided in detail in the attachment.

Key achievements include:

Effective Leadership

· Development of the Outcomes Measurement Framework to measure progress toward long term community outcomes

· Comprehensive review of the Risk Management Strategy and redefined Risk Appetite

· Strong statistics for the Your Say section of the website with more than 28,000 page views over 12 months

· eNews is now delivered to 18,000 inboxes every fortnight

· Review of Customer Experience Strategy

· Revised Procurement Guidelines prepared in consultation with staff across the organisation

· The Community Initiatives Program provided funding of $44,200 to 11 not-for-profit community organisations and community groups to deliver projects that create positive social, cultural, and environmental outcomes

· Council facilitates service collaboration groups including the Ending Rough Sleeping service coordination group, Local Health and Wellbeing Subcommittee, and the Community Resilience Network

Inclusive Community

· Undertook extensive consultation to develop the Arts and Culture Action Plan to consolidate Council's work and direction in support of arts and creative industries

· The Lone Goat Gallery has presented ten exhibitions for 42 artists and established a new biennial project called 'Climate Conversations', an investigation into how the arts can help us to adapt in the face of climate change

· Funding secured for community events through Reconnecting Regional NSW which has enabled the delivery of a number of events to support community resilience and reconnection

· Events Strategy targeted stakeholder engagement complete and findings paper prepared

· The 'Dogs in Public Spaces Strategy' was completed along with the “Guide to Dogs in the Byron Shire'

· The Bundjalung of Byron Bay Arakwal Corporation and Tweed Byron Local Aboriginal Land Council played a crucial role in enabling the establishment of the Byron Bay Skatepark and inclusion of First Nations cultural expression into the design and functionality of the space

· Council continues to deliver high quality library services through Byron Bay library, Mullumbimby library, Brunswick Heads library and the mobile library service; a new Deed of Agreement has been executed extending arrangements to 2027

· Early results of the End Rough Sleeping Collaboration Project have included supporting 24 people into permanent housing and 35 people into temporary accommodation. Participated in the Select Senate Committee on Australian Disaster Resilience.

Nurtured Environment

· Over $300,000 received in grant funding to support threatened species conservation and habitat restoration

· Launched the 'No Bat No Me' project aimed at educating the community about the critical role Flying Foxes play in protecting our environment including the launch of Council's new Flying Fox picture book for children

· Northern Rivers Regional Koala Strategy developed

· Won the Environmental Leadership Award at the 2023 NSW Local Government Excellence Awards for the 'Main and Clarkes Beach Dune Recovery Project

· Planting, restoration and maintenance of over 20ha koala habitat in Byron Shire

· Restoration of 160m riverbank rehabilitation and aquatic habitat enhancement

· Partnership with NSW DPE Biodiversity Conservation Division to update Council's vegetation mapping to enable more accurate future planning

· Grant funding application successful and Stage 2 Southern Shire Coastline studies funded and commenced

· Completed the utilities energy optimisation system

· Developed a draft carbon offset policy and procedure to achieve net zero emissions

· Draft Single us Packaging and materials Policy progressed and presented to the Climate Change and Resource Recovery Advisory Committee

· Bring it Back Bruns - pilot project in Brunswick Heads

· Public place bins fitted with new educational signage in Byron Bay and Brunswick Heads

· Upgrades and rebranding of The Re-Market (tip shop)

· Delivery of Source to Sea project - 24 "drain bussies" installed to capture litter before it enters the stormwater system and waterways

Ethical Growth

· Finalised the Byron Arts and Industry Estate Precinct Plan

· Mullumbimby Talking Streets Project

· Housing alternative models addendum research completed

· Mullumbimby Infrastructure servicing audit / capacity for large lot residential subdivision commenced

· Burringbar St, Mullumbimby Concept Design brief/scope endorsed

· Pocket Park, Bayshore Dr activation events held

· Federal Community Village Masterplan and Main Street Concept Plan endorsed

· Mullumbimby Hospital Site Strategy and Urban Design Protocol endorsed

· Short Term Rental Accommodation (STRA) Planning Proposal progressing

· Council's Affordable Housing Contribution Scheme gazetted, a first for a regional council

· Work with Landcom on an affordable housing project on 57 Station Street, Mullumbimby, continues

· Active and ongoing engagement with business, industry and visitor economy representatives and stakeholders to inform the development of the Business, Industry, and Visitor Economy Strategy

· Partnered with Training Services NSW to deliver a School-Based Apprenticeship and Traineeship information Evening for local businesses and high school students

· Launched regenerative agriculture mentoring program - 6 local farmers signed up to 12 month mentoring program delivered by SCU and supported by Council

· Regenerative Agriculture in Byron Shire film clip

· Council's work in community disaster recovery is being delivered and is being monitored in accordance with the Recovery Action Plan

Connected Infrastructure

· Delivered road reconstruction work on the Pocket Road Stage 2

· Upper Main Arm Bridge, Sherringtons Bridge, and Englishes Bridge renewals completed

· Delivered Seven Mile Beach Road traffic control works which have provided a significant improvement to the area

· Delivered Stage 1 of the Broken Head Reserve traffic control works

· Mullumbimby to Brunswick Heads cycleway preferred option was adopted by Council and planning and design commenced through a proof of concept investigation

· Federal Drive landslip stabilisation and road reconstruction project progressing in accordance with program

· Huonbrook Road drainage design work nearing completion and barriers and guardrail procurement underway

· Moving Byron strategy adopted by Council

· Centennial Circuit permanent one way works were completed following a successful trial

· Flood impacted community buildings underwent restoration works, including RFS building, Mullumbimby Civic Hall, and Kohinar Hall all being completed, with works to restore Mullumbimby Civic Chambers substantially underway, replacement roof to Brunswick Community Centre installed and Brunswick Memorial Hall access ramp works underway

· New accessible amenities installed at Middleton Street and under construction at Dening park,

· Accessible playground installed at Byron Recreation Grounds

· Accessible changerooms and canteen being constructed at Linda Vidler Park in Suffolk Park

· Post flood renewal works delivered to Mullumbimby Petria Thomas Swimming Pool

· Customer satisfaction awards from Caravan Association and Trip Advisor for Suffolk Beachfront Holiday Park

· Upgrade to Tyagarah skydive landing area and initiation of hanger refurbishment works

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.2: Governance - Ensure legislative compliance and support Councillors to carry out their civic duties

Legal/Statutory/Policy Considerations

The General Manager is required under Section 404 (5) of the Local Government Act 1993 to provide regular progress reports as to the Council’s progress with respect to the principal activities detailed in the Delivery Program/Operational Plan.

Financial Considerations

Council’s financial performance for the reporting period is addressed in the Quarterly Budget Review, which is the subject of a separate report included in this business paper.

Consultation and Engagement

The progress reports on the Operational Plan and Delivery Program are published on Council’s website as a way of ensuring transparency around how Council is progressing activities and actions.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.9

Report No. 13.9 Council Investments - 1 July 2023 to 31 July 2023

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2023/1134

Summary:

This Report includes a list of investments and identifies Council’s overall cash position for the period 1 July 2023 to 31 July 2023 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 of 31 July 2023.

Report

Council has continued to maintain a diversified portfolio of investments. As of 31 July 2023, the average 90-day bank bill rate (BBSW) for the month was 4.31%. Council’s performance for July 2023 was 4.34%.

The increased interest rates from new investments is being realised and as a result Council is performing above the average BBSW. The table below identifies the investments held by Council as at 31 July 2023.

Schedule of Investments held as at 31 July 2023

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%	940,790.00
20/11/18	1,000,000.00	QLD Treasury Corp (Green Bond)	N	AA+	22/03/24	Y	B	1.78%	997,450.00
28/03/19	1,000,000.00	National Housing Finance & Investment Corporation	Y	AAA	28/03/29	Y	B	2.38%	912,290.00
21/11/19	1,000,000.00	NSW Treasury Corp (Sustainability Bond)	N	AAA	20/03/25	Y	B	1.25%	950,570.00
27/11/19	500,000.00	National Housing Finance & Investment Corp	Y	AAA	27/05/30	Y	B	1.52%	419,303.50
15/06/21	500,000.00	National Housing Finance & Investment Corp	Y	AAA	01/07/31	Y	B	1.99%	504,018.81
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	1.83%	790,060.00
04/01/23	2,000,000.00	NAB	P	AA-	01/09/23	N	TD	4.60%	2,000,000.00
05/01/23	2,000,000.00	NAB	N	AA-	04/09/23	N	TD	4.60%	2,000,000.00
01/02/23	2,000,000.00	NAB	N	AA-	30/10/23	N	TD	5.00%	2,000,000.00
14/02/23	2,000,000.00	NAB	N	AA-	13/09/23	N	TD	4.95%	2,000,000.00
21/02/23	2,000,000.00	NAB	N	AA-	21/09/23	N	TD	5.05%	2,000,000.00
23/02/23	2,000,000.00	Bank of QLD	P	BBB+	25/09/23	N	TD	5.05%	2,000,000.00
28/02/23	2,000,000.00	NAB	N	AA-	26/09/23	N	TD	5.09%	2,000,000.00
13/03/23	2,000,000.00	NAB	N	AA-	09/10/23	N	TD	5.05%	2,000,000.00
28/03/23	1,000,000.00	Police Bank	P	BBB	25/10/23	Y	TD	5.05%	1,000,000.00
04/04/23	2,000,000.00	Auswide Bank Ltd	P	BBB	03/10/23	Y	TD	5.40%	2,000,000.00
05/04/23	1,000,000.00	NAB	N	AA-	01/11/23	N	TD	5.20%	1,000,000.00
20/04/23	1,000,000.00	AMP Bank	P	BBB	19/10/23	N	TD	5.35%	1,000,000.00
27/04/23	1,000,000.00	AMP Bank	N	BBB	27/11/23	N	TD	5.25%	1,000,000.00
05/06/23	1,000,000.00	AMP Bank	N	BBB	31/08/23	N	TD	4.85%	1,000,000.00
20/06/23	1,000,000.00	Bank of QLD	N	BBB	20/09/23	N	TD	5.05%	1,000,000.00
20/06/23	1,000,000.00	AMP Bank	N	BBB	19/09/23	N	TD	5.20%	1,000,000.00
29/06/23	1,000,000.00	Judo Bank	P	BBB-	28/09/23	Y	TD	5.35%	1,000,000.00
26/07/23	1,000,000.00	Judo Bank	N	BBB-	25/10/23	Y	TD	5.10%	1,000,000.00
N/A	19,732,553.95	CBA Business Saver	P	AA-	N/A	N	CALL	4.20%	19,732,553.95
N/A	117,712.55	CBA Business Saver – Tourism Infrastructure Grant	N	AA-	N/A	N	CALL	4.20%	117,712.55
N/A	10,396,482.76	Macquarie Accelerator Call	N	A	N/A	N	CALL	3.95%	10,396,482.76
Total	64,246,749.26						AVG	4.16%	63,761,231.57

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)

Investment Policy Compliance

Investment policy compliance
% should not exceed the following			ACTUAL

AAA to AA	A1+	100%	65%	Meets policy
A+ to A-	A1	60%	17%	Meets policy
BBB to NR	A2,NR	40%	18%	Meets policy

NSW Treasury Corporation Compliance – Loan Borrowing Conditions

The investment portfolio is outlined in the table below by investment type for the period 1 July 2023 to 31 July 2023:

Dissection of Council Investment Portfolio as at 31 July 2023

Principal Value ($)	Investment Linked to:	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
27,000,000.00	Term Deposits	27,000,000.00	0.00
19,732,553.95	CBA Business Saver	19,732,553.95	0.00
117,712.55	CBA Business Saver – Tourism Infrastructure Grant	117,712.55	0.00
10,396,482.76	Macquarie Accelerator	10,396,482.76	0.00
7,000,000.00	Bonds	6,514,482.31	(485,517.69)
64,246,749.26	Total	63,761,231.57	(485,517.69)

Dissection of Council’s Cash Position as at 31 July 2023

Item	Principal Value ($)	Current Market Value ($)	Cumulative Unrealised Gain/(Loss) ($)
Investments Portfolio
Term Deposits	27,000,000.00	27,000,000.00	0.00
CBA Business Saver	19,732,553.95	19,732,553.95	0.00
CBA Business Saver – Tourism Infrastructure Grant	117,712.55	117,712.55	0.00
Macquarie Accelerator	10,396,482.76	10,396,482.76	0.00
Bonds	7,000,000.00	6,514,482.31	(485,517.69)
Total Investment Portfolio	64,246,749.26	63,761,231.57	(485,517.69)
Cash at Bank
Consolidated Fund	4,023,230.98	4,023,230.98	0.00
Total Cash at Bank	4,023,230.98	4,023,230.98	0.00
Total Cash Position	68,269,980.24	67,784,462.55	(485,517.69)

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

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

Financial Considerations

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

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.10

Report No. 13.10 Budget Review - 1 April to 30 June 2023

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2023/1138

Summary:

This report has been prepared to comply with Section 203 of the Local Government (General) Regulation 2021 and to inform Council and the community of Council’s estimated financial position for the 2022/2023 financial year, reviewed as at 30 June 2023.

This report contains an overview of the proposed budget variations for the General Fund, Water Fund and Sewerage Fund. The specific details of these proposed variations are included in Attachment 1 and 2 for Council’s consideration and authorisation.

The report also provides an indication of the financial position of Council at 30 June 2023. It should be noted that the figures provided are subject to completion and audit of the Council’s Financial Statements for 2022/2023. Any major variances will be included as part of the report adopting the financial statements in October 2023.

This report is to be considered by the Finance Advisory Committee at its meeting held on 17 August 2023.

RECOMMENDATION:

1. That Council authorises the itemised budget variations as shown in Attachment 2 (#E2023/80644) which include the following results in the 30 June 2023 Quarterly Review of the 2022/2023 Budget:

a) General Fund – $0 movement to the Estimated Unrestricted Cash Result

b) General Fund - $14,926,000 increase in reserves

c) Water Fund - $2,135,500 increase in reserves

d) Sewerage Fund - $2,736,700 increase in reserves

2. That Council adopts the revised General Fund Estimated Unrestricted Cash Result of $0 for the 2022/2023 financial year as at 30 June 2023

Attachments:

1 Budget Variations for General, Water and Sewerage Funds, E2023/80642

2 Itemised Listing of Budget Variations for General, Water and Sewerage Funds, E2023/80644

Report

Council adopted the 2022/2023 budget on 30 June 2022 via Resolution 22-332. Council also considered and adopted the budget carryovers from the 2021/2022 financial year, to be incorporated into the 2022/2023 budget at its Ordinary Meeting held on 25 August 2022 via Resolution 22-391. Since that date, Council has reviewed the budget taking into consideration the audited 2021/2022 Financial Statement results and progress through the first three quarters of the 2022/2023 financial year. This report considers the June 2023 Quarter Budget Review.

The details of the budget review for the Consolidated, General, Water and Sewer Funds are included in Attachment 1, with an itemised listing in Attachment 2. This aims to show the consolidated budget position of Council, as well as a breakdown by Fund and Principal Activity. The document in Attachment 1 is also effectively a publication outlining a review of the budget and is intended to provide Councillors with more detailed information to assist with decision making regarding Council’s finances.

Contained in the document at Attachment 1 is the following reporting hierarchy:

Consolidated Budget Cash Result

General Fund Cash Result Water Fund Cash Result Sewer Cash Result

Principal Activity Principal Activity Principal Activity

Operating Income Operating Expenditure Capital income Capital Expenditure

The pages within Attachment 1 are presented (from left to right) by showing the original budget as adopted by Council on 30 June 2022 plus the adopted carryover budgets from 2021/2022 followed by adjustments prior to this QBR, and the revote (or adjustment for this review) and then the revised position projected for 30 June 2023.

On the far right of the Principal Activity, there is a column titled “Note”. If this is populated by a number, it means that there has been an adjustment in the quarterly review. This number then corresponds to the notes at the end of the Attachment 1 which provides an explanation of the variation.

There is also information detailing restricted assets (reserves) to show Council’s estimated balances as at 30 June 2023 for all Council’s reserves.

A summary of Capital Works is also included by Fund and Principal Activity.

Office of Local Government Budget Review Guidelines:

On 10 December 2010, the Office of Local Government issued Quarterly Budget Review Guidelines via Circular 10-32. Reports to Council concerning Quarterly Budget Reviews normally provide statements in accordance with these guidelines as a separate attachment. Given that there is no statutory obligation for Council to produce a Quarterly Budget Review as at 30 June each financial year, the statements required by the guidelines have not been produced for this specific report.

CONSOLIDATED RESULT

The following table provides a summary of the overall Council budget on a consolidated basis inclusive of all Funds’ budget movements for the 2022/2023 financial year projected to 30 June 2023.

2022/2023 Budget Review Statement as at 30 June 2023	Original Estimate (Including Carryovers) 1/7/2022	Adjustments to 30 Jun 2023 including Resolutions*	Proposed 30 June 2023 Review Revotes	Revised Estimate 30/6/2023
Operating Revenue	98,653,200	21,138,000	8,554,000	128,345,200
Operating Expenditure	111,603,900	16,561,700	565,200	128,730,800
Operating Result – Surplus/Deficit	(12,950,700)	4,576,300	7,988,800	(385,600)
Add: Capital Revenue	37,235,900	(15,863,700)	(434,000)	20,938,200
Change in Net Assets	24,285,200	(11,287,400)	7,554,800	20,552,600
Add: Non Cash Expenses	18,455,700	2,033,900	0	20,489,600
Add: Non-Operating Funds Employed	20,800,000	(18,800,000)	(1,988,200)	11,800
Subtract: Funds Deployed for Non-Operating Purposes	(99,493,500)	38,364,400	14,231,600	(46,897,500)
Cash Surplus/(Deficit)	(35,952,600)	10,310,900	19,798,200	(5,843,500)
Restricted Funds – Increase / (Decrease)	(35,747,600)	10,105,900	19,798,200	(5,843,500)
Forecast Result for the Year – Surplus/(Deficit) – Unrestricted Cash Result	(205,000)	205,000	0	0

GENERAL FUND

In terms of the General Fund projected Unrestricted Cash Result the following table provides a reconciliation of the estimated position as at 30 June 2023:

Opening Balance – 1 July 2022	$0
Plus original budget movement and carryovers	(205,000)
Council Resolutions July – September Quarter	(2,000)
September QBR – increase/(decrease)	0
Council Resolutions October – December Quarter	2,000
December QBR – increase/(decrease)	0
Council Resolutions January – March Quarter	0
March QBR – increase/(decrease)	205,000
Council Resolutions April – June Quarter	0
Recommendations within this Review – increase/(decrease)	0
Estimated Unrestricted Cash Result Closing Balance – 30 June 2023	$0

The General Fund financial position overall has increased as a result of this budget review, leaving the forecast cash result for the year at $0. The proposed budget changes are detailed in Attachment 1 and summarised further in this report below.

Council Resolutions

There were no Council resolutions that affected the budget result in the April to June quarter.

Budget Adjustments

The budget adjustments identified in Attachments 1 and 2 for the General Fund have been summarised by Budget Directorate in the following table:

Budget Directorate	Revenue Increase/ (Decrease) $	Expenditure Increase/ (Decrease) $	Unrestricted Cash Increase/ (Decrease) $
General Manager	(35,500)	(35,500)	0
Corporate & Community Services	2,054,800	1,951,900	102,900
Infrastructure Services	2,564,600	2,878,600	(314.000)
Sustainable Environment & Economy	(256,700)	(467,800)	211,100
Total Budget Movements	4,327,200	4,327,200	0

Budget Adjustment Comments

General Fund budget adjustments are identified in detail at Attachment 1 and 2. More detailed notes on these are provided in Attachment 1 with the majority of budget revotes proposed to reflect actual results achieved.

The major consideration with this budget review is the reduction in expenditure associated with projects not completed and under-expenditure. Council will also be considering a report to this Ordinary Council Meeting regarding carryover items from the 2022/2023 financial year for work not completed to be added to the 2023/2024 Budget Estimates. This report also considers the implications of that report.

WATER FUND

After completion of the 2022/2023 Financial Statements the Water Fund as at 30 June 2023 has a capital works reserve of $8,953,800 and held $1,844,900 in section 64 developer contributions.

The estimated Water Fund reserve balances as at 30 June 2023, and forecast in this Quarter Budget Review, are derived as follows:

Capital Works Reserve

Opening Reserve Balance at 1 July 2022	$8,953,800
Plus original budget reserve movement	(4,874,800)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(1,036,100)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(279,100)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	580,600
Resolutions April - June Quarter – increase / (decrease)	1,358,400
June Quarterly Review Adjustments – increase / (decrease)	1,300,600
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	(2,950,400)
Estimated Reserve Balance at 30 June 2023	$6,003,400

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2022	$1,844,900
Plus original budget reserve movement	(1,120,100)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(500,000)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	70,900
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	78,300
Resolutions April - June Quarter – increase / (decrease)	512,000
June Quarterly Review Adjustments – increase / (decrease)	834,900
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	(124,000)
Estimated Reserve Balance at 30 June 2023	$1,720,900

Movements for Water Fund can be seen in Attachment 1 with a proposed estimated increase to reserves (including S64 Contributions) overall of $2,135,500 from the 30 June 2023 Quarter Budget Review.

SEWERAGE FUND

After completion of the 2022/2023 Financial Statements the Sewer Fund as at 30 June 2023 has a capital works reserve of $2,701,600 and plant reserve of $896,200. It also held $7,180,100 in section 64 developer contributions and a $766,900 unexpended grant.

Capital Works Reserve

Opening Reserve Balance at 1 July 2022	$2,701,600
Plus original budget reserve movement	(926,200)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	(653,600)
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(255,900)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	452,300
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	496,800
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	(886,600)
Estimated Reserve Balance at 30 June 2023	$1,815,000

Plant Reserve

Opening Reserve Balance at 1 July 2022	$896,200
Plus original budget reserve movement	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	0
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	0
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	0
Estimated Reserve Balance at 30 June 2023	$896,200

Section 64 Developer Contributions

Opening Reserve Balance at 1 July 2021	$7,180,100
Plus original budget reserve movement	(4,591,700)
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	375,000
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	(40,000)
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	542,000
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	1,967,400
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	(1,747,300)
Estimated Reserve Balance at 30 June 2023	$5,432,800

Unexpended Grants

Opening Reserve Balance at 1 July 2021	$766,900
Plus original budget reserve movement	0
Resolutions July - September Quarter – increase / (decrease)	0
September Quarterly Review Adjustments – increase / (decrease)	0
Resolutions October - December Quarter – increase / (decrease)	0
December Quarterly Review Adjustments – increase / (decrease)	0
Resolutions January - March Quarter – increase / (decrease)	0
March Quarterly Review Adjustments – increase / (decrease)	(766,900)
Resolutions April - June Quarter – increase / (decrease)	0
June Quarterly Review Adjustments – increase / (decrease)	272,500
Forecast Reserve Movement for 2022/2023 – Increase / (Decrease)	272,500
Estimated Reserve Balance at 30 June 2023	$272,500

Movements for the Sewerage Fund can be seen in Attachment 1 with a proposed estimated overall increase to reserves (including S64 Contributions and unexpended grants) of $2,736,700 from the 30 June 2023 Quarter Budget Review.

Legal Expenses

One of the major financial concerns for Council over previous years has been legal expenses. Not only does this item represent a large expenditure item funded by general revenue, but can also be susceptible to large fluctuations.

The table that follows indicates the allocated budget and actual legal expenditure within Council on a fund basis as at 30 June 2023.

Total Legal Income & Expenditure as at 30 June 2023

Program	2022/2023 Budget ($)	Actual ($)	Percentage To Revised Budget
Income
Legal Expenses Recovered	0	30,000	0%
Total Income	0	30,000	0%

Expenditure
General Legal Expenses	328,100	394,035	120.10%
Total Expenditure General Fund	328,100	394,035	120.10%

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy		DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed		1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.2	Provide Quarterly Budget Reviews to Council for adoption.

Legal/Statutory/Policy Considerations

In accordance with Section 203 of the Local Government (General) Regulation 2021 the Responsible Accounting Officer of a Council must:

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

(a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

(b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

Financial Implications

The 30 June 2023 Quarter Budget Review of the 2022/2023 Budget Estimates forecasts a stable outcome to the estimated budget attributable to the General Fund assuming all revotes of income and expenditure reported for Council’s consideration are approved. Overall, the short term financial position still needs to be carefully monitored on an ongoing basis.

Note that the financial outcomes outlined in this Budget Review should be considered in the context that they are indicative. Council is yet to finalise its financial statements for the year ended 30 June 2023 which will also be subject to external independent audit.

It is expected that Council will receive a report regarding the formal adoption of its financial statements for the year ended 30 June 2023 at its Ordinary Meeting in October 2023.

Flood Recovery Expenditure

Within these results and of some concern is the ongoing cash flow impact of the flood recovery works. Once again, Council is significantly awaiting reimbursement from the State Government of funds in excess of $7million at 30 June 2023. This has been reflected in the reserve schedule to demonstrate a negative balance equivalent to what is due to Council in expenditure incurred. Council will need to carefully monitor this going forward as it is not of sufficient scale to fund expenditure on the significant Essential Public Asset Repair (EPAR) works that will be coming up unless more regular funding from the State Government is provided to reimburse claims.

The Audit Office of NSW in their year-end management letter for the 2021/2022 financial year raised Council’s ability to meet its commitments due to the use of available cash to fund works whilst awaiting reimbursement. It is likely Council may receive a similar outcome for the 2022/2023 financial year as the amount outstanding is higher. It is unfortunate at this point that Council has not been in receipt of more regular payments to meet expenditure even though it is lodging claims.

This report is to be considered by the Finance Advisory Committee at its meeting held on 17 August 2023.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.11

Report No. 13.11 Revised Delivery Program 2022-26

Directorate: Corporate and Community Services

Report Author: Heather Sills, Manager Corporate Services

File No: I2023/1141

Summary:

This Report is prepared in accordance with Clause 4.13 of the Integrated Planning and Reporting Guidelines which requires that:

4.13 Where an amendment to the Delivery Program is proposed, it must be included in a council business paper which outlines the reasons for the amendment. The matter must be tabled and resolved to be noted at that meeting, must be and considered by the council at its next meeting (i.e. time must be set aside for the amendment to be considered).

The amended Delivery Program (Attachment 1) was provided at the 22 June Ordinary Council Meeting for noting. The revised delivery program includes:

· Outcomes Measurement Framework
Council endorsed a set of ‘indicators’ developed alongside the Community Strategic Plan and Delivery Program in June 2022. Since that time, further work has been undertaken to prepare the associated performance measurement framework to accompany the Delivery Program, entitled the Outcomes Measurement Framework (Attachment 2). The Outcomes Measurement Framework has been considered by the Audit, Risk, and Improvement Committee on 18 May.

· List of ‘services’ as the basis for the future development of a service review framework A service review is a systematic evaluation of an identified service, for the purposes of assessing the efficiency, effectiveness, and quality of the service, and to identify opportunities for improving service delivery and outcomes for the community. The first step had been taken to define the services for inclusion in the Delivery Program. Work will continue in 2023/24 to prepare a service review program, as required by the IP&R Guidelines.

RECOMMENDATION:

That Council endorses the revised Delivery Program 2022-26 (Attachment 1 #E2023/40277), noting the inclusion of indicators from the Outcomes Measurement Framework (Attachment 2 #E2022126119) and the list of services as part of the service review process.

Attachments:

1 Revised Delivery Program - 2022-26, E2023/40277

2 Corporate Performance Measures - Outcomes Measurement Framework - Final, E2022/126119

Report

In September 2021, the NSW Office of Local Government (OLG) published revised guidelines for Integrated Planning and Reporting (IP&R). The revised guidelines included requirements for all Councils with regard to performance measurement and service reviews.

The Delivery Program 2022-26 has been amended (Attachment 1) to include additional information taken from the Outcomes Measurement Framework and to provide the list of ‘services’ as the basis for the future development of a service review framework. Each of these elements is explained in detail in this report.

Outcome Measurement Framework

In partnership with the Centre for Social Impact, UNSW (CSI) Council has developed an outcomes measurement framework to embed meaningful, robust measurement practices, as is now required of local government through IP&R legislation (Local Government Act s406). The framework was developed through a collaborative partnership between Council and the Centre for Social Impact (CSI)/University of NSW.

The ‘indicators’ were endorsed by Council in 2022 with the Community Strategic Plan and Delivery Program and were designed to evaluate success and priorities for Council between 2022-26. The indicators measure Council’s effectiveness in bringing about positive change and its delivery of the desired outcomes identified by the community.

A NSW Audit Office report Council Reporting on Service Delivery (2018) demonstrated that the methodology of a performance measurement framework needs to be robust, with clearly defined measures, data sources, baselines, targets and above all, consistency. The measures and results should be publicly available to enhance accountability and designed in such a way that both inform decision-making and help communities understand how efficiently and effectively services are being delivered.

Work has been undertaken to refine the indicators and develop the corresponding Outcomes Measurement Framework with provides additional information such as the indicator definition, data source, reporting frequency, baseline result, target, and alignment with the UN Sustainable Development Goals. The Delivery Program has been amended to include some of this extra detail, as provided in the below example.

Indicator	Definition	Baseline Result	Target
Community consultation/ engagement	Residents’ level of satisfaction with community consultation/ engagement	3.06 (2020)	✓
Participation in Council decision making	Residents’ level of satisfaction with opportunities to participate in Council decision making	2.86 (2020)	↑
Digital platform engagement – Byron Shire website	Number of visits to Byron Shire Council website	257,569 (FY22Q1)	✓
Digital platform engagement Your Say Byron Shire	Number of visits to Your Say Byron Shire platform	8,657 (FY22Q1)	✓
Customer service satisfaction rating	Residents’ level of satisfaction with the way their contact with Council was handled	3.52 (2020)	↑

Monitoring and Reporting on the Outcomes Measurement Framework

The General Manager is required to provide six monthly progress reports to the Council on the progress toward the Delivery Program, in accordance with clause 4.9 of the Integrated Planning and Reporting Guidelines: “The general manager must ensure that progress reports are provided to the council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months.”

While the requirement is six monthly reporting, the Council is provided with a Quarterly Report on the activities in the Operational Plan, to promote effective and efficient reporting and decision making. The Q2 and Q4 Reports contain an additional level of reporting, providing an update on progress toward the priorities in the Delivery Program. Reporting on the Outcome Measurement Framework will be included in this 6-monthly Delivery Program Report.

The outcome measures, also be included in the Annual Report, provides an overview of the work undertaken by Council in a given year to deliver on the commitments of the Delivery Program via that year’s Operational Plan.

Service Reviews

The focus on continuous improvement and ways to better meet the community’s expectations around priorities and service levels is a requirement under Essential Element 4.3 of the revised IP&R Guidelines, which states that:

“To encourage continuous improvement across the council’s operations, the Delivery Program must identify areas of service that the council will review during its term, and how the council will engage with the community and other stakeholders to determine service level expectations and appropriate measures.”

Council is committed to continually improving how services are delivered within available resources. In accordance with the above requirements, this process was formalised through the Operational Plan 2022/23 activity to “identify and scope services delivered by Council to inform opportunities for achieving efficiencies”. This work was completed, and a list of Council services has been developed. The scope of each service will be further defined throughout the service review process.

The service list and outline of the process for development of the framework has been incorporated into the Delivery Program 2022-26.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.1: Enhance trust and accountability through open and transparent leadership	1.1.4: Performance Measurement and Reporting - Embed a robust performance management system through the development of an outcomes measurement framework	1.1.4.1	Use the outcomes measurement framework to strengthen the Delivery Program reporting

Recent Resolutions

· 22-332 – adoption of the Delivery Program 2022-26

· 22-335 - adoption of the Byron Shire Community Strategic Plan 2032

Legal/Statutory/Policy Considerations

The requirements for Integrated Planning and Reporting are governed by Sections 402-406 of the Local Government Act 1993.

Section 404 requires that a council must have a 4-year delivery program detailing the principal activities to be undertaken within available resources.

Detailed requirements are outlined in the Integrated Planning and Reporting Guidelines and Handbook.

The relevant clauses are:

4.12 The council must review its Delivery Program each year when preparing the Operational Plan.

4.14 Where significant amendments are proposed, the Delivery Program must be re-exhibited as per Essential Element 4.10.

Financial Considerations

The project was delivered within budget.

Consultation and Engagement

The amendments to the Delivery Program were noted by Council at the 22 June Ordinary Meeting, with further consideration and endorsement to occur at the next Ordinary Council Meeting on 24 August.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.12

Report No. 13.12 Reinstate footpath usage fees for use of Council land/road reserve to enable construction work events or temporary use

Directorate: Corporate and Community Services

Report Author: Kylie Grainey, Business Improvement Officer

Heather Sills, Manager Corporate Services

File No: I2023/1145

Summary:

Council reviewed carparking fees associated with the use of Council land/road reserves to enable construction work, events or temporary use.

During this review fees for hoardings, footpath closures and partial traffic lane closures were inadvertently omitted from the fees and charges.

This report seeks to reintroduce these fees.

RECOMMENDATION:

1. That Council endorses the reinstatement of the following fees and they be placed on public exhibition for a period of 28 days in accordance with s610F of the Local Government Act 1993.:

· Hoardings $7/m²/day
The storage of materials on the road reserve, excluding the footpath

· Footpath closure $11/m²/day
Where an elevated gantry is installed over the footpath, the fees will be charged for set up and take down only to enable pedestrian access during construction.

· Partial traffic lane closure $14/m²/day

2. That any submissions received are reported to Council prior to adoption of the proposed fees.

3. That if no submissions are received during the public notice period Council adopts the fees.

Report

When the 2023/24 Fees and Charges were adopted, some fees for the use of Council land/road reserve to enable construction work, events, or temporary usage were inadvertently omitted when Council considered a change to the fees relating to car parking spaces.

Use of Council land/road reserve to enable construction work, events or temporary

use

Name	Fee (excl. GST)
Application fee	$215.00
(Eg. Hoarding, scaffolding, fencing, works zones, other temporary structures or traffic control device/s)
Inspection fee	$215.00
per hour (minimum 2 inspections with application – further inspections to be paid as required, eg. change to work zone)
Urgency fee	$215.00
Where use is required within 10 working days of the application being lodged.
Hoardings	Inadvertently omitted
Storage of materials on the road reserve, excluding the footpath Per m²/day
Footpath closure	Inadvertently omitted
Traffic guidance scheme required. Where an elevated gantry is installed, fees will be charged for the set up and takedown down then charged at a low impact Occupation rate for the period of occupation.
Partial traffic lane closure	Inadvertently omitted
	Per m²/day

New fees for parking spaces were included following a review in accordance with resolution 22-332 (part 4). The below fees relating to parking spaces were reviewed in February 2023 and subsequently adopted by Council in April 2023:

Name	Fee (excl. GST)
Frontage parking – non pay parking location	$60/6LM/day
Frontage parking – pay parking location	$105/6LM/day
Extended frontage parking (additional space extending past development frontage)- non-pay parking location	$120/6LM/day
Extended frontage parking (additional space extending past development frontage)- non-pay parking location	$210/6LM/day

The parking space fees should have only replaced the car parking charges and included in addition to the previously adopted hoarding, footpath closure and partial road traffic lane closure fees, however the changes that were publicly exhibited in the 2023/24 fees and charges omitted these other fee types.

This report seeks to reinstate the fees for hoardings, footpath closures, and partial traffic lane closures, at the amount outlined below:

Use of Council land/road reserve to enable construction work, events or temporary use
Hoardings The storage of materials on the road reserve, excluding the footpath	$7/m²/day
Footpath closure Where an elevated gantry is installed over the footpath, the fees will be charged for set up and take down only to enable pedestrian access during construction.	$11/m²/day
Partial traffic lane closure	$14/m²/day

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
4: Ethical Growth We manage growth and change responsibly	4.1: Manage responsible development through effective place and space planning	4.1.1: Development assessment - Manage development through a transparent and efficient assessment process	4.1.1.2	Certify development in accordance with relevant legislation.

Recent Resolutions

· 22-332 part 4 (Prepares a report to be delivered in September to provide options regarding fee structure for use of parking spaces and road reserves adjacent to construction sites for construction temporary use and events with the financial implications).

· 23-115 –adoption of the amended fees for “Use of Council land/road reserve to enable construction work, events or temporary use” to commence from 1 May 2023.

· 23-280 – adoption of 2023/24 Fees and Charges

Legal/Statutory/Policy Considerations

This report proposes changes to the current revenue policy as it proposes to reintroduce fees for the use of council land / road reserves. s610F of the Local Government Act 1993 requires the public notice of fees, where fees are proposed to be amended outside adoption of the Operational Plan, as outlined below:

610F Public notice of fees

(1) A council must not determine the amount of a fee until it has given public notice of the fee in accordance with this section and has considered any submissions duly made to it during the period of public notice.

(2) Public notice of the amount of a proposed fee must be given (in accordance with the regulations) in the draft operational plan for the year in which the fee is to be made.

(3) However, if, after the date on which the operational plan commences—

(a) a new service is provided, or the nature or extent of an existing service is changed, or

(b) the regulations in accordance with which the fee is determined are amended, the council must give public notice (in accordance with section 705) for at least 28 days of the fee proposed for the new or changed service or the fee determined in accordance with the amended regulations.

Financial Considerations

Council does not currently have adopted fees and charges for use of Council land/road reserves to enable construction work, events or temporary use.

Consultation and Engagement

The fees will be exhibited for 28 days in accordance with s610F of the Local Government Act 1993.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.13

Report No. 13.13 Grants July 2023

Directorate: Corporate and Community Services

Report Author: Donna Johnston, Grants Coordinator

File No: I2023/1150

Summary:

Council is waiting on determination of eighteen Grant applications which, if successful, would provide funding to enable the delivery of identified projects. This report provides an update on Grant applications.

RECOMMENDATION:

That Council notes the grant submissions report for the month of July 2023 (Attachment 1 #E2023/79045), and year end 2023 report (Attachment 2 #2023/80734).

Attachments:

1 Grant submissions as at 30 July 2023, E2023/79045

2 Grants Report 2023 - Summary, E2023/80734

Report

Currently Council has eighteen Grant applications awaiting determination (refer to Grants Submissions as at 30 July 2023 - Attachment 1, E2023/79045).

Successful application

Funding body	Funding scheme	Project name	Total project value $	Amount requested $	Council co-contribution $
NSW EPA	Litter Prevention Grant Program	Litter Prevention Plan and Roadmap	$94,500	$94,500	$4,500 (in-kind)
Australian Government - Department of Industry, Science and Resources	Reducing Light Pollution in Coastal Communities	Coastal Light Management Plan	$49,500	$49,500	$0
Transport for NSW	Local Government Road Safety Program funding	Road Safety Officer salary and education program	$167,510	$88,872	$78,638

Northern Rivers Recovery and Resilience Initiative

On 28 July, the Australian Government Minister for Emergency Management announced Tranche 2 projects of the Northern Rivers Resilience Initiative. Whilst Council has not been officially advised of the funding amount, three projects have been announced under Tranche 2.

The Northern Rivers Recovery and Resilience Program | National Emergency Management Agency (nema.gov.au)

NSW Northern Rivers to receive additional $100 million for 20 flood resilience projects - ABC News

Byron Shire Tranche 2

1. Investigate Options for South Golden Beach Flood Gate Upgrades

2. Upgrade Coogera Circuit Detention

3. Preferred Byron Drainage Strategy Construction

Byron Shire Tranche 1

1. SGB Flood Pump Generator to provide protection from power failures.

Tranche 1 – All seven Local Government Areas

1. A regional program to increase community flood risk awareness partnering with all LGAs, including flood risk information campaigns and flood warning signs.

2. A regional assessment of evacuation routes, their capacity and options for infrastructure upgrades across all LGAs.

3. A regional program to complete floor level surveys for building across all LGAs to input into flood risk assessments.

4. Community-led resilience initiatives such as the Community-led Resilience Teams (CRTs) program. This is to ensure that community-led resilience efforts are supported across all LGAs.

5. CRTs provide a formal structure, direction and guidance which complement community resources, people, and capacity. CRTs enable the collective community voice to be channelled externally benefiting emergency management organisations such as SES, RFS, and Councils.

Tranche 2 - All LGA’s

1. Public Proposal - Riparian revegetation and reforestation for flood resilience in the Clarence, Richmond, Tweed and Brunswick Catchments

2. Public Proposal - Heal the Rivers Flood Recovery and Landscape Restoration Proposal

Unsuccessful / withdrawn applications

No unsuccessful applications notified.

Applications submitted

No applications submitted during July 2023.

Upcoming Grant opportunities

Growing Regions Program Round 1 | business.gov.au – EOI closed 1 August 2023

Application submitted on 1 August for Bioenergy Facility. The Sandhills Wetlands Recreation Precinct Stage 2 application was not submitted as funding for the stormwater basins will be funded under the Northern Rivers Recovery and Resilience Program.

Coastal and estuary grants | NSW Environment and Heritage - closes 31 August

Grant funding enables local councils and communities to prepare coastal management programs and implement actions identified in certified coastal zone management plans or coastal management programs. Grant offers are subject to statewide priorities and the availability of funds each financial year.

This is the final round of the program that funds the implementation of actions in certified coastal zone management plans. Co-matching funding is required.

Staff are currently considering a program of restoration works for Byron Bay beach accesses to improve safety, dune stabilisation and reinstating lost vegetation. Value $50,000.

Infrastructure Grants: community infrastructure | NSW Government – closes 21 August

NSW Office of Responsible Gambling - Clubgrants Category 3 Infrastructure Grants program is to fund the costs of construction, alteration, renovation, completion and fit-out of buildings and community infrastructure to deliver outcomes for disadvantaged NSW communities including regional, remote and drought-affected areas, culturally and linguistically diverse, disability and Aboriginal and Torres Strait Islander communities and disaster-affected communities.

Up to $250,000 available for Council and not-for-profits. Council must have matching contribution. Staff are currently considering potential applications and funding availability. Potential application includes leveraging the Tom Kendall Playground funding from $120,000 to $240,000.

Year End 2023

Also attached is an overview of the FY 2023 grants program (E2023/80734). The report does not include the Essential Public Asset Restoration (EPAR) projects under the AGRN1012 natural disaster program (February/March 2022 flood events).

For the financial year 2023, Council applied for 57 grants of which:

· 31 were awarded funding

· 7 unsuccessful

· 1 withdrawn

· 18 awaiting determination.

The total value of the funding awarded in 2023 was approximately $17.6 million and the total value of the projects $18.1 million.

At the end of 2023, Council had 74 active grants that were in the process of being delivered. This figure includes programs with multiple projects, with a total project value of approximately $87 million, of which $75 million was grant funded.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership We have effective decision making and community leadership that is open and informed	1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.9	Coordinate grant applications to support the delivery of Council projects and services within management plans, masterplans, strategic plans, Council resolutions and high priority actions from feasibility studies; and support the management of successful grants

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 $28 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.

The potential funding is detailed below:

Funding applications submitted and

awaiting notification (total value) $28,195,802

Requested funds from funding bodies $24,279,540

Council contribution cash $851,607

Council co-contribution in-kind $9,000

Other contributions $3,000,000

Funding determined in June/July 2023

Successful applications $311,510 (total project value)
Unsuccessful/withdrawn applications $0 (total project value)

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 - Corporate and Community Services 13.14

Report No. 13.14 Establishment of Alcohol Free Zones

Directorate: Corporate and Community Services

Report Author: Heather Sills, Manager Corporate Services

File No: I2023/1158

Summary:

The established Alcohol Free Zones throughout the Shire lapse on 1 September 2023.

This report recommends re-establishing the existing Alcohol Free Zones in parts of Byron Bay, Mullumbimby, Brunswick Heads, Ocean Shores, New Brighton and Suffolk Park for a period of 4 years in accordance with Sections 642-644C of the Local Government Act 1993.

RECOMMENDATION:

1. That in accordance with section 644B of the Local Government Act 1993, Council adopts the proposal to establish alcohol free zones in those parts of Byron Bay, Mullumbimby, Brunswick Heads, Ocean Shores, New Brighton and Suffolk Park, as are set out in the proposal, for a period of four years commencing 1 September 2023.

2. That operation of an established alcohol-free zone be suspended for approved footway restaurants (both present and future), where the operator requests suspension of the Alcohol-Free Zone to allow alcohol to be consumed with the footway restaurant, during the restaurant’s hours of operation.

Attachments:

1 Alcohol Free Zones - Map, E2023/79793

Report

Purpose of Alcohol Free Zones

The establishment of Alcohol Free Zones have been an important measure used to curtail irresponsible behaviour by individuals on the streets, not only during New Year’s Eve and Easter, but throughout the year. Due to the transient nature of many of the visitors to our Shire, education alone is not considered to be an acceptable public safety alternative. The main aim of the Alcohol Free Zones is to deter the consumption of alcoholic substances in public places (other than parks and reserves) whilst ensuring that the right of members of the public to carry alcoholic substances. Alcohol-Free Zones affect streets, roads and footpaths identified as problem areas by an applicant, then following the notification and advertising period, a resolution of Council sanctions the zone for a particular time period.

Alcohol-Free Zones do not operate in parks and reserves. Council owned and managed parks and reserves are regulated separately under Section 632A of the Local Government Act 1993 (Alcohol Prohibition Area) which allows for the installation of notices which can prohibit the taking in or consumption of alcohol and is supported by a severe fixed penalty for offenders.

Preparation of an Alcohol Free Zones proposal

Section 644 of the Local Government Act 1993 provides that Council may prepare a proposal for the establishment of an alcohol-free zone of its own motion.

The proposal may provide for an alcohol-free zone to be established for a period not exceeding 4 years and for the zone to operate for the whole of that period or just for days on which particular special events occur.

Location of Alcohol Free Zones

It is recommended that Council adopts the proposed Alcohol Free Zones, effective from 1 September 2023 in the following locations:

BYRON BAY

• Jonson Street from Bay Street to Browning Street including Main Beach car park

• Browning Street from Jonson Street to Tennyson Street

• Bangalow Road from the intersection of Browning Street and Tennyson Street to the southern property boundary of Byron Tourist Park on Bangalow Road

• Kingsley Street and Carlyle Street from Jonson Street to Cowper Street

• Marvell Street from Jonson to Massinger Street

• Byron Street and Bay Lane from Jonson Street to Middleton Street

• Middleton Street from Bay Street to Kingsley Street

• Bay Street from First Sun Caravan Park boundary fence to Middleton Street

• Fletcher Street from Bay Street to Kingsley Street

• Lawson Street from Butler Street to Massinger Street

• Lighthouse Road from Massinger Street to Captain Cook Lookout eastern boundary

• Jonson Street north carpark between Bay Street and Lawson Street

• Jonson Street south carpark between Lawson Street and Railway Park

• Tennyson Street between the Sandhill’s Estate and Browning Street

• Cowper Street between Carlyle Street and the Sandhill’s Estate

• Butler Street from Shirley Street to cover whole of new Bypass area through to Browning Street

• Somerset Street from Butler Street to Wordsworth Street

• Burns Street from Butler Street to Wordsworth Street

• Wordsworth Street from Somerset Street to Gordon Street

• Gordon Street from Wordsworth Street to Milton Street

• Milton Street from Gordon Street to Wentworth Street

• Wentworth Street from Milton Street to Skinners Shoot Road

• Shirley Street from Butler Street to Kendall Street

• Ewingsdale Road from Kendall Street to Banksia Drive at the Byron Bay Industrial Estate

• Kendall Street from Shirley Street to Border Street

• Border Street from Kendall Street to Childe Street

• Childe Street from Border Street to Manfred Street

• Manfred Street from Childe Street to the frontal dune at Belongil Beach

• Giaour Street from Childe Street to Belongil Creek

• Don Street from Border Street to the frontal dune at Belongil Beach

MULLUMBIMBY

• Station Street from the unnamed lane (Lane 9) opposite the Council Chambers to Tincogan Street

• McGougan’s Lane from the unnamed lane (Lane 9) behind the southern property boundary of the commercial premises on Burringbar Street to the intersection of Tincogan Street

• Stuart Street from Whian Street intersection to Tincogan Street intersection

• Stuart Lane from Whian Street intersection to Tincogan Street intersection

• Dalley Street from Whian Street intersection to Tincogan Street intersection

• Gordon Street from Burringbar Street intersection to Tincogan Street intersection

• Burringbar Street from Gordon Street intersection to Station Street intersection

• River Terrace from Burringbar Street intersection to Whian Street intersection

• Tincogan Street from Gordon Street intersection to Station Street intersection

• Whian Street from River Terrace intersection to Stuart Street intersection

• Brunswick Terrace from Burringbar Street to Mill Street, and Mill Street from Gordon Street to Station Street

BRUNSWICK HEADS

• Fawcett Street from Tweed Street to Park Street

• Park Street from Fawcett Street to Fingal Street

• Mullumbimbi Street from Tweed Street to the Terrace

• The Terrace from Mullumbimbi Street to Fingal Street

• Fingal Street from the Terrace to Tweed Street

• Tweed Street from Fingal Street to Fawcett Street

• South Beach Road (including the traffic bridge) between The Terrace and the end of South Beach Road including the Surf Club area

OCEAN SHORES AND NEW BRIGHTON

• Rajah Road between northern boundary of Lot 1 DP 626518 (approx 50 metres south of Bindaree Way intersection) and southern boundary of Lot 1114 DP241074 No 43 Rajah Road (approx 60 metres north east from Durroon Court)

• Ocean Shores Community Centre carpark (Lots 1154 and 1156 DP 116000)

• The Esplanade south from the intersection with The Strand to the southern boundary of Lot 5 Sec 3 DP 5318 (approx 200 metres south from the intersection)

• ‘North Head Road Carpark’ located on unnamed road New Brighton

SUFFOLK PARK

• Clifford Street between Broken Head Road and Alcorn Street

• Armstrong Street between Clifford Street and Wareham Street

• Brandon Street between Clifford Street and Wareham Street

• Alcorn Street between Clifford Street and southern boundary of the community titled property at No. 2 Alcorn Street

• Broken Head Road from Clifford Street to the northern boundary of the Serviceman’s Home property

• Beech Drive (south) from Broken Head Road to the northern property boundary of Lot 60 DP 817888 being the Council Reserve on Beech Drive

Resolution to formally establish Alcohol Free Zones

Section 644B of the Local Government Act 1993 provides that after complying with the procedures set out in sections 644 and 644A, Council may, by resolution, adopt a proposal to establish an alcohol-free zone.

Council’s resolution has the effect of establishing the alcohol-free zone in accordance with the terms of the resolution.

After making the resolution, Council must, by notice published:

(a) declare that an alcohol-free zone has been established, and

(b) specify the period (or, in the case of a zone established for one or more special events, the day or days) for which the alcohol-free zone is to operate.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
2: Inclusive Community	2.2: Enhance safety and contribute to the physical, mental, and spiritual health and well being of the community	2.2.3: Regulatory controls and compliance - Enhance public safety, health and liveability through the use of Council's regulatory controls and services	There is no specific OP activity relating to this report, however the Alcohol Free Zones contribute to the DP priority by enhancing public safety, health, and liveability

Legal/Statutory/Policy Considerations

Sections Part 4 Street Drinking of the Local Government Act 1993,

Financial Considerations

The signage for Alcohol Free Zones will need to be updated to reflect the period to which the Alcohol Free Zone now applies. This can be undertaken within existing budget.

Consultation and Engagement

In compliance with s644 and s644A of the Local Government Act 1993, Council must prepare a proposal and undertake public consultation.

A public notice was “published in a manner that the council is satisfied is likely to bring the notice to the attention of members of the public in the area as a whole or in a part of the area that includes the zone concerned” and “invite representations and objections from persons and groups within the area, indicating that any representations or objections by them must be made within 14 days after the date on which the notice is published.”

The public notice was published on Council’s website, outlining the proposed Alcohol Free Zones. No submissions were received.

Council provided a copy of the proposal to the officer in charge of the police station within or nearest to the proposed alcohol-free zone and each holder of a licence in force under the Liquor Act 2007 for premises that border on, or adjoin or are adjacent to, the proposed alcohol-free zone.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 13.15

Report No. 13.15 2023/24 Loan Borrowing Program

Directorate: Corporate and Community Services

Report Author: James Brickley, Manager Finance

File No: I2023/1195

Summary:

This report is provided to Council with the aim to authorise loan borrowings for purposes approved by Council in 2022/23 that were not borrowed and purposes approved in the 2023/24 budget.

Given that Council has by resolution already approved the loan borrowings subject of this report, experience with financial institutions is that generally as part of any application/approval process, a specific recent Council resolution is needed to the loan borrowings in isolation.

Should Council adopt the proposed recommendations of this report, the loan borrowing program for the 2023/2024 financial year can commence given some of the projects are either underway or complete.

RECOMMENDATION:

That Council:

1. Authorises the 2023/2024 loan borrowing program of $11,687,000 for the following purposes outlined in this report.

2. Delegates to the General Manager to undertake loan borrowings for the purposes outlined in recommendation 1 and accept loan borrowing terms on behalf of Council that represents the best financial outcome amongst other loan offer(s) received.

2. Authorises the affixing of the Council seal to all documents that may require it, in regard to the 2023/24 loan borrowing program.

Report

Council at its Ordinary Meeting held on 22 June 2023 by resolution 23-280 approved the 2023/2024 Council budget estimates. As part of the 2023/2024 budget, Council endorsed proposing to borrow for the following purposes:

Loan Purpose	Loan Amount ($)
Plant Replacement	3,672,100
Bulk LED Street Lighting Upgrade	700,000
Land Acquisition for First Sun Holiday Park	2,075,000
Suffolk Beachfront Holiday Park Compliance Works and Caravan Replacements	540,000
Redevelopment of the for Byron Hospital (Byron Community Hub)	3,500,000
Total loan borrowings 2023/2024	$10,487,100

During the course of the 2022/2023 financial year, Council considered a report to the Ordinary Meeting of 24 November 2022 regarding Detention Basin works at Lot 12 Bayshore Drive and resolved as part of resolution 22-659 to borrow an additional $1,200,000 to complete those works. Given the timing of project expenditure for Lot 12 Bayshore Drive, late in the 2022/2023 financial year, the loan borrowings were not undertaken. An alternative funding arrangement is proposed to be temporarily put in place to fund the Lot 12 Bayshore Drive works and that is subject to another report to this Ordinary Meeting of Council as part of the 30 June 2023 Quarterly Budget Review utilising internal reserves. Upon borrowing the loan amount of $1,200,000, the internal reserves will then be reimbursed.

As consequence of the loan borrowings proposed in the 2023/24 budget ($10,487,000) and the funding required for Lot 12 Bayshore Drive ($1,200,000), Council’s overall loan borrowing program will need to be $11,687,000 for 2023/2024. The amount proposed to be borrowed may need to be done in multiple loans in accord with Council’s loan borrowing policy to match the life of the associated assets and or for shorter term financing requirements. i.e. for Lot 12 pending a possible future sale of part of the land to enable early loan repayment or the payback period in regard to the LED street lighting. This may require loans being borrowed at fixed rate, variable rate, interest only, and terms of up to 20 years or less.

Strategic Considerations

Community Strategic Plan and Operational Plan

	CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership		1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.4	Financial reporting as required provided to Council and management
1: Effective Leadership		1.3: Ethical and efficient management of resources	1.3.1: Financial Management - Ensure the financial integrity and sustainability of Council through effective financial management	1.3.1.6	Maintain Council's cash flow

Legal/Statutory/Policy Considerations

Council has adopted Policy 2009/006 regarding loan borrowings.

Section 55(1)(f) of the Local Government Act 1993 provides that Council does not need to call tenders for a contract relating to loan borrowings.

Section 377(1)(f) of the Local Government Act 1993 stipulates that a Council may by resolution delegate to the General Manager or any other person or body (not including another employee of the Council any of the functions of the Council except the borrowing of money.

Section 621 to 624 of the Local Government Act 1993 provides:

· That Council can borrow at any time for purposes allowed under the Local Government Act 1993,

· That Council may borrow by way of overdraft or loan or by other means approved by the Minister.

· That Council may give security for any borrowings in such manner as may be prescribed by the regulations with such securities ranking on equal footing despite any other Act.

· The Minister may, from time to time, impose limitations or restrictions on borrowings by a particular Council, or Councils generally despite the other provisions of this Part.

Section 229 of the Local Government (General) Regulation 2021 provides the repayment of money borrowed by a Council (whether by way of overdraft or otherwise), and the payment of any interest on that money, is a charge on the income of the Council.

Section 230 of the Local Government (General) Regulation 2021 provides that the General Manager must notify the Secretary within 7 days of the borrowing of loan funds that the borrowing has occurred.

Section 400(4) of the Local Government (General) Regulation 2021 provides the seal of a Council must not be affixed to a document unless th