Agenda of Coast and ICOLL Advisory Committee Meeting

CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

Committee members are reminded that they should declare and manage all conflicts of interest in respect of any matter on this Agenda, in accordance with the Code of Conduct.

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

For Information Only 6.1

For Information Only

Report No. 6.1 Presentation on the Outcomes of the CMP Stage 2 Study - 'Byron Shire Coastal Hazard Assessment' by Bluecoast

Directorate: Sustainable Environment and Economy

Report Author: Chloe Dowsett, Biodiversity and Sustainability Coordinator

File No: I2024/163

Summary:

Council is currently preparing Coastal Management Programs (CMPs) for its coastline in accordance with the State Government NSW Coastal Management Framework.

The Byron Shire Coastal Hazard Assessment (CHA) Study (Attachment 1) by Bluecoast Consulting Engineers is a major piece of technical information and significant CMP Stage 2 study.

The CHA Study was reported to Council to the 22 February 2024 meeting for adoption where Council resolved to adopt the study.

As part of the Community and Engagement Plan for the CMP Stage 2 project, Bluecoast Consulting will present to the Coast and ICOLL Advisory Committee meeting members and stakeholders on the outcomes of the CHA Study.

RECOMMENDATION:

1. That the Coast and ICOLL Advisory Committee and stakeholders note the presentation and outcomes of the CMP Stage 2 Byron Shire Coastal Hazard Assessment Study (Bluecoast, 2023).

2. That the Coast and ICOLL Advisory Committee notes that Stage 2 of the CMP process is not a decision-making stage and management actions will be considered at the next stage (Stage 3) of CMP development.

Attachments:

1 Byron Shire Coastline - Bluecoast - Coastal Hazard Assessment Study - December 2023, E2024/4012 , page 16 ⇩

Report

Council is currently preparing Coastal Management Programs (CMPs) for its coastline in accordance with the State Government NSW Coastal Management Framework.

The Byron Shire Coastal Hazard Assessment (CHA) Study (Attachment 1) by Bluecoast Consulting Engineers is a major piece of technical information and significant CMP Stage 2 study.

The CHA Study was reported to Council to the 22 February meeting for adoption where Council resolved the below:

That Council:

1. Adopts the findings of the Coastal Management Program (CMP) Stage 2 technical study ‘Byron Shire Coastal Hazard Assessment Study’ outlined in the report by Bluecoast Consulting Engineers (December 2023) (Attachment 1; E2024/4012).

2. Notes that Stage 2 of the CMP process is not a decision-making stage and management actions will be considered at the next stage (Stage 3) of CMP development.

3. Notes that the above CMP Stage 2 technical report will be provided on Council’s CMP project webpage.

4. Notes that a presentation on the outcomes will be provided to stakeholders in March 2024.

As per item #4, Bluecoast Consulting will present to the Coast and ICOLL Advisory Committee meeting members and stakeholders the outcomes of the CHA Study.

Next steps

Development of the Coastal Management Program for the Byron Shire Open Coast now progresses to Stage 3 CMP preparation.

Engage consultant for commencement of further stages of CMP preparation (stages 3 &4).

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy		DP Action	Code		OP Activity
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation			3.3.1.4	Identify risks associated with Council's coastal planning controls and processes

Recent Resolutions

· 24-035

· 23-285

· 23-441

· 23-156

Legal/Statutory/Policy Considerations

The NSW Coastal Management Framework in NSW comprises the following elements:

· the Coastal Management Act 2016

· the State Environmental Planning Policy (Resilience and Hazards) 2021 (CM SEPP)

· the NSW Coastal Management Manual (OEH, 2018).

Council is presently preparing a Coastal Management Programs (CMP) for the Byron Shire coastline. The purpose of the CMP will be to set the long-term strategy for the management of the coastal zone, addressing priority open coast management issues and actions to address the issues, with a focus on achieving the objectives of the CM Act.

Financial Considerations

The project is complete, and no further budget is required.

Consultation and Engagement

Consultation and engagement of the Byron Shire Coastal Hazard Assessment Study is outlined in the 22 February 2024 report to Council.

Regular updates on the project delivery have been provided quarterly via a report to the Committee.

A Short Summary and Overview of the CHA report (Fact Sheet) was provided to the Committee as per request from the meeting on 16 May 2023. The summary outlines the key content and objectives of the CHA Study for their information only.

This presentation on the outcomes of the study represents a key consultation activity for the project.

BYRON SHIRE COUNCIL

For Information Only 6.2

Report No. 6.2 Update on the development of Coastal Management Programs (CMPs) for the Byron Shire Coastline

Directorate: Sustainable Environment and Economy

Report Author: Chloe Dowsett, Biodiversity and Sustainability Coordinator

Orla Seccull, Coastal & Estuary Officer

File No: I2024/7

Summary:

This report provides the Coast and ICOLL Advisory Committee members a 3-monthly brief update on the progress of the development of CMPs and CMP projects for the Byron Shire coastline.

The next update will be reported to the Coast and ICOLL Advisory Committee meeting in May 2024.

Overview

This report provides the Coast and ICOLL Advisory Committee members a 3-monthly brief update on the progress of the development of CMPs and CMP projects for the Byron Shire coastline.

Current status of CMP development

Council is progressing through Stage 2 of preparation of Coastal Management Programs (CMPs) for its coastline to fill key information gaps on threats, issues and opportunities in the coastal zone (refer Figure 1).

Figure 1 - CMP Stages

Stage 2 studies confirm current knowledge on key issues and concerns and to fill information gaps that are critical to the development of management strategies and actions that will occur the next stage (Stage 3). Scoping of Stage 3 & 4 CMP development is currently underway.

A summary of the status of these Stage 2 studies and other relevant projects is provided below in Table 1. Unless otherwise stated these projects have been partially funded by the project partner, the NSW Department of Planning and Environment (DPE) through the Coast and Estuary Grants Program, with funding of ratio to 2 (DPE):1(Council). Several medium and low priority studies recommended for stage 2 are pending availability of other funding sources or can otherwise be completed during CMP implementation.

Table 1: Projects Planned and Underway

Project Name	Brief Description	Status/ Expected Completion
Main Beach Shoreline Project	A design investigation for the modification of the coastal protection works at Main Beach, Byron Bay between the Surf Club and First Sun Holiday Park. The investigation looks at how we can best protect Byron Bay Town Centre from coastal erosion now and into the future. The most recent task completed is the technical assessment of the shortlisted options to modify the structure/works is now complete. The technical assessment consists of two related lines of investigation: 1. application of numerical modelling tools to better understand the coastal environment and assess the performance of the shortlisted options on coastal processes. 2. a geomorphic assessment using a data-driven approach to summarise relevant coastal processes and infer the relative effects of the shortlisted options on long term coastal processes. The technical assessment is now complete with the Technical Assessment Report, Numerical modelling and geomorphic assessment of concept options, Bluecoast Consulting Engineers, (April 2023) provided on Council’s MBSP project webpage.	The technical assessment is complete and was reported to Council on 27 April 2023 for adoption. The three shortlisted options are: · Option 2 – Berm rock revetment and pathway. · Option 5 – Protective structure moved landward by 10m. · Option 7 – Existing structure upgraded to contemporary standards. [Option 6 – protective structure moved landward by 30m did not progress as per assessments recommendation]. The evaluation and determination of the preferred option will be undertaken though CMP preparation in Stage 3. The information presented in the technical report will provide the basis for further development and evaluation of the shortlisted options at selecting a preferred option to carry forward.
Coastal Hazard Assessment (CHA) Review and Update	This study is the third major investigation into coastal processes, sand movements and hazards in the Byron region following PWD’s investigation in the 1978 and BMT 2013 study. Assessment and analysis of current and future risks to the coastal zone from hazards. The study builds upon the most recent coastal assessment undertaken in 2013, using: · new data available from the preceding 10 years (i.e. 2013 to 2023) · various and new survey sources · local knowledge · previous reports and studies · revised best practice methods · analysis of photogrammetry data and · coastal numerical modelling. Through analysis of up-to-date information some assumptions and remaining uncertainty in the previous hazard assessments are addressed. The CHA Study aims to quantify the coastal processes operating on the Byron Shire coastline and the nature and extent of exposure to coastal hazards and threats to public and private assets (both natural and built).	The CHA was reported to Council on 22 February 2024. Council resolved to adopt the CHA Study (Res 24-035). Next steps: · Presentation on the Outcomes of the CHA Study to the Coast and ICOLL Advisory Committee and stakeholders (12 March 2024). · Engage consultant for CMP Stages 3 & 4 preparation.
Byron Shire Water Quality Source Tracking and Control Program for Belongil Creek, Tallow Creek and Ti-Tree Lake	Water pollution of the Tallow Creek and Belongil Creek estuaries from a variety of sources was identified as a key threat to coastal values as identified in the Scoping Study for the southern Byron shire coastline. This project will identify risks associated with water pollution in Tallow and Belongil Creek catchments and will identify opportunities for improving water quality for further consideration at Stage 3.	Reported to Council 28 September 2023. Endorsed by Council and provided on the CMP webpage (Res 23-441).
Review of the Entrance Opening Strategies for Belongil and Tallow Creek estuaries - identifying risks to cultural and ecological values and low-lying assets associated with ICOLL entrance opening strategies	This study is aimed at advising on recommendations for preparing a new entrance opening strategy (EOS) for Tallow Creek, recommendations for amending the Belongil Creek Opening Strategy at the next two-year review (end 2023), along with undertaking the necessary preliminary supporting studies (i.e. literature review, engagement with Arakwal, case study for other NSW ICOLLs, assessment of nuisance flood risk, identification improvements to decision support frameworks etc). Amendments to EOS’ can occur at a later stage of the CMP.	Draft report received. Report to Executive Team proposed March 2024. Expected to be reported to Council April 2024.
Shire-Wide Planning Audit - Identify barriers and opportunities for improvement associated with Council’s coastal planning controls and processes.	Essentially an audit of Council’s coastal planning framework to provide advice on pathways for Council to transition into a more current and streamlined planning framework (such as recommended mapping and amendments and justification for changes) whilst retaining or improving on the level of protection offered by existing controls. Includes consideration of mapping and inclusion of a Coastal Vulnerability Area into the planning scheme.	Final report received February 2024. Report to ET expected March 2024.
Shire-Wide study on the Impacts of Recreational Uses and Tourism on Coastal Biodiversity and Habitats	Funded 100% through the DPE’s Biodiversity Conservation Division. Will provide evidence-based information on the effects of recreational uses on wildlife and habitats in the coastal area, and to investigate novel solutions to manage impacts, e.g. through the development and delivery of access and other facilities within the coastal zone and development of a policies and/or plans.	Final report received. Expected to be reported to the Executive Team and Council March 2024. Expected to be reported to Council April 2024.
Shire-Wide Coastal Wetland and Littoral Rainforest Mapping review	The scope of this project is to investigate and ground truth discrepancies between Council’s mapping of Littoral Rainforest and Coastal Wetlands with the R&H SEPP mapping.	Reported to Council 28 September 2023.Endorsed by Council and provided on the CMP webpage (Res 23-441).
Byron Shire Open Coast CMP Stages 3 & 4	The project study area covers the entirety of the open coastal area of the Byron Shire LGA. This CMP will pertain to open coast hazard threats/risks (being erosion and shoreline recession, coastal inundation and cliff instability) and open coast issues only. Project will involve: - Building upon what has already occurred, while considering the objectives and requirements of the CM Act. - Incorporating outcomes of the Stage 2 studies as they are known. - Identifying and evaluating options. - Undertaking refined/targeted community engagement and stakeholder consultation to gain buy-in from the community and arrive at preferred CMP actions. - Preparing a CMP in close consultation with Council that is feasible and has been developed in accordance with the Mandatory Requirements of the CM Framework and may be certified by the Minister.	Expected consultant engagement and project inception March 2024.

Pathway forward for CMP development

The subsequent stages in the process of developing and implementing a CMP are:

· Stage 3 – Identify and evaluate options (through risk assessment and cost, benefit analysis) that reduce exposure to coastal hazards, address coastal management issues and take advantage of opportunities;

· Stage 4 – Prepare, exhibit, finalise, certify and adopt a CMP (leading to implementation). A CMP must be certified by the Minister to access funding for implementation under the Coast and Estuary Grants program; and

· Stage 5 – Implement, monitor, evaluate and report.

The forward development of CMPs for Byron Shire is broken down into distinct geographical areas to better reflect the unique coastal values and threats of each area, to allow for more refined/targeted community engagement and stakeholder consultation, to reduce the timeframe associated with developing a CMP for lower risk/less complex areas (such as the Tallow Creek estuary) and to increase the possibility of obtaining a certified CMP for part of the Shire’s coastal zone.

There are three CMPs currently planned (as follows with one for the Brunswick Estuary as a future priority):

1. CMP for Tallow Estuary – includes estuary/ICOLL and catchment issues and actions including entrance opening/management activities (EOS) for flood mitigation.

2. CMP for Belongil Estuary - includes estuary/ICOLL and catchment issues and actions including entrance opening/management activities (EOS) for flood mitigation.

3. CMP for the Byron Shire Open Coast – includes the entire Byron Shire open coast split into 3 management segments such as Cape Byron to South of the LGA border; Cape Byron to the Brunswick River; Brunswick River north to the LGA border. The spatial extents are not yet confirmed and are subject to refinement.

4. CMP for the Brunswick River Estuary to be commenced at a later date.

Preparation of the proposed CMPs was resolved by Council at the 28 September 2023 (Res 23-441). For each CMP, it is planned to undertake stages 3 and 4 simultaneously (refer Figure 1). An application for funding under the Coast and Estuary Grants Program (at a ratio of 2:1, DPE:Council) was successful for Stages 3 and 4 of the Open Coast (Shire-Wide) CMP with engagement of the consultant pending. Applications for funding for stages 3 and 4 for the Tallow Creek Estuary CMP and the Belongil Creek Estuary CMP was submitted early 2024.

Next Steps

· Staff and project consultants will continue to progress the development of CMPs for the Byron Shire Coastline and related projects.

· The next update on the status of projects and CMP preparation will be reported to the first Coast and ICOLL Advisory Committee meeting in May 2024.

Strategic Considerations

Community Strategic Plan and Operational Plan

3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.4	Identify risks associated with Council's coastal planning controls and processes
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.2	Identify risks to cultural and ecological values and assets in Tallow and Belongil Creek ICOLLs
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.3	Identify pollution sources and plan to improve water quality in Byron Shire's ICOLLs
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.7	Develop concept plans for upgrades of Byron Bay Main Beach foreshore from Belongil to Clarke’s Beach
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.1: Coastal Management Program planning and implementation - Undertake Coastal Management Program planning and implementation	3.3.1.8	Identify and evaluate management options and opportunities for addressing threats to the Byron Shire coastal zone and prepare Costal Management Programs
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.2: Floodplain management - Mitigate the impact of flooding on private and public property	3.3.2.1	Revise entrance management activities and arrangements for Tallow Creek
3: Nurtured Environment	3.3: Protect the health of coastline, estuaries, waterways, and catchments	3.3.2: Floodplain management - Mitigate the impact of flooding on private and public property	3.3.2.2	Review entrance management activities and arrangements for Belongil Creek

Legal/Statutory/Policy Considerations

The NSW Coastal Management Framework in NSW comprises the following elements:

· the Coastal Management Act 2016 (CM Act)

· the State Environmental Planning Policy (Resilience and Hazards) 2021 (R&H SEPP)

· the NSW Coastal Management Manual (OEH, 2018).

Financial Considerations

The estimated budget to complete Stages 3 and 4 for all three CMPs is $240K ex GST (an estimated $80K committed from Council matched 2:1 by DPE). A budget of $240,000 has been allocated to 2605.197 ‘CMP Byron Shire Coastal Zone Stages 3 & 4’ with expected grant income of $160,000 allocated to 1501.117. An application for grant contribution has was successful to the Coast and Estuary Grants Program (DPE) for development of Stages 3 and 4 of the Coastal management Program for the Open Coast. An application for Stages 3 and 4 for the Tallow and Belongil Estuary CMPs is pending.

Consultation and Engagement

Current consultation in the preparation of CMPs includes:

1. Participation in a regular forum for council staff to discuss CMP preparation with other local council practitioners and DPE staff is being coordinated by DPE.

2. Regular meetings with individual DPE regional staff assigned to the Byron Shire coastal portfolio to discuss Byron’s CMP development and trouble shoot issues being encountered and ways to move forward. The recommended pathway forward outlined in this report has been developed in close consultation with DPE.

Project specific consultation and engagement plans are prepared and implemented as relevant to each study/project.

Venue	Conference Room, Station Street, Mullumbimby
Date	Tuesday, 12 March 2024
Time	2.00pm