Agenda of Biodiversity and Agriculture 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)

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 MEETING

1. Apologies

2. Declarations of Interest – Pecuniary and Non-Pecuniary

3. Minutes from Previous Meetings

3.1 Confirmation of the Minutes of the 13 May 2025 Biodiversity and Agriculture Advisory Committee Meeting........................................................................................................ 6

4. For Information Only

4.1 DPIRD Presentation on Fire Ant Management....................................................... 14

5. Staff Reports

Sustainable Environment and Economy

5.1 Brunswick Valley Landcare Support Officer quarterly report, April-June 2025. 17

6. Late Reports

7. For Information Only

7.1 Presentation on current Council bush regeneration work..................................... 21

BYRON SHIRE COUNCIL

Minutes from Previous Meetings 3.1

Minutes from Previous Meetings

Report No. 3.1 Confirmation of the Minutes of the 13 May 2025 Biodiversity and Agriculture Advisory Committee Meeting

Directorate: Sustainable Environment and Economy

File No: I2025/844

RECOMMENDATION:

That the minutes of the Biodiversity and Agriculture Advisory Committee Meeting held on 13 May 2025 be confirmed.

Attachments:

1 Minutes 13/05/2025 Biodiversity and Agriculture Advisory Committee, I2025/654 , page 8⇩

Report

The attachment to this report provides the minutes of the Biodiversity and Agriculture Advisory Committee Meeting of 13 May 2025 .

Report to Council

The minutes of the 13 May 2025 meeting were reported to Council on 12 June 2025.

Comments

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

25-281 Resolved that Council notes the minutes of the Biodiversity and Agriculture Advisory Committee Meeting held on 13 May 2025.

25-282 Resolved that Council notes the Koala Activity Monitoring Report 2023.

25-283 Resolved that Council:

1. Notes the update on the current projects and programmes being undertaken by Council staff.

2. Requests staff to arrange a discussion with key stakeholders about fire ant management at a future Committee meeting.

25-284 Resolved that Council notes the Brunswick Valley Landcare Support Officer quarterly reports, October-December 2024 and January-March 2025.

25-285 Resolved that Council:

1. Confirms the promulgation of the Wallum Heath on Pleistocene Working Group.

2. Agrees to Cr Ndiaye as Chair and James Barrie as lead.

3. Notes that staff involvement is not required and provided and provided at the discretion of the Director Sustainable Environment and Economy.

4. Agrees to Cr Ndiaye, James Barrie and Dave Rawlins meeting prior to the next Biodiversity and Agriculture Advisory Committee meeting to:

a. Confirm how meetings are to be recorded.

b. Confirm working group membership.

c. Confirm frequency and location of meetings.

5. Notes interest from Annette Mckinley, Cr Lowe, Cr Warth, Peter Westheimer and Hedley Grantham to participate in the working group.

For Information Only

Report No. 4.1 DPIRD Presentation on Fire Ant Management

Directorate: Sustainable Environment and Economy

Report Author: Claudia Caliari, Biodiversity Projects Officer

File No: I2025/857

Summary:

The Biodiversity Committee has requested a presentation from DPIRD at a future Committee meeting to address fire ant management. While community are generally aware of the issue, their management is dynamic and complex and require frequent update with legislation and biosecurity orders. In light of the urgency of the issue, the Committee has sought up-to-date information to better respond to community concerns. The focus of the presentation will include current control methods of control and application techniques, but also allow space for discussion. Additionally, there is interest in exploring alternative fire ant management protocols specific to Byron Shire.

Report

With the increasing spread of fire ants in Northern NSW, it is essential that councillors and staff—particularly those who engage directly with the public—are equipped with accurate, up-to-date information on current management strategies. The Biodiversity Committee has identified the need for a presentation from the Department of Primary Industries and Regional Development (DPIRD) to ensure that elected members and staff are fully briefed and updated on this emerging biosecurity threat. Public concern around fire ants is growing rapidly, and without clear communication, it has the potential to become a highly contentious issue that could hinder effective management efforts.

While local councils, including ours, are responsible for managing established pests on the land we own or manage, the management of new incursions—like fire ants—is the responsibility of DPIRD. Fire ant management is inherently complex, particularly at a large scale and across multiple tenures, where differing land uses and ownerships add to the challenge. Government agencies are already encountering difficulties in gaining consistent community cooperation, often due to the complexity in management or a lack of timely engagement. To prevent the spread of confusion and mistrust, it is critical that councillors and staff are well-informed and able to confidently engage with residents. This is a battle that will only be won through coordinated, fast, and unified action. Providing communities with clear, factual information as early as possible is key to building support and ensuring effective, long-term containment and eradication efforts.

Key issues

Fire ants’ management, tools and techniques being used for their control.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy		DP Action	Code		OP Activity
1: Effective Leadership	1.1: Enhance trust and accountability through open and transparent leadership		1.1.1: Leadership - Enhance leadership effectiveness, capacity, and ethical behaviour	1.1.1.2		Develop and deliver a professional development program for the Mayor and Councillors
1: Effective Leadership	1.1: Enhance trust and accountability through open and transparent leadership		1.1.1: Leadership - Enhance leadership effectiveness, capacity, and ethical behaviour	1.1.1.7		Provide in-house legal advice to the organisation to inform decision making and minimise organisational risk
3: Nurtured Environment	3.1: Partner to nurture and enhance biodiversity, ecosystems, and ecology	3.1.2: Pest and weed management - Use best practice land management to improve ecological resilience and reduce threats to biodiversity		3.1.2.5	Respond to biosecurity threats in accordance with regulatory direction and agreement
3: Nurtured Environment	3.2: Deliver initiatives and education programs to encourage protection of the environment	3.2.2: Environmental education and awareness - Coordinate and support environmental education to the community		3.2.2.2	Provide coastal and biodiversity information and encourage and support community activities and groups

Recent Resolutions

· 24-059

Legal/Statutory/Policy Considerations

Council has a legal responsibility—like any other landholder—to manage established pests on land it owns or manages (General Biosecurity Duty). In the case of new incursions, such as fire ants, the responsibility for management and provision of technical and operational information lies with the Department of Primary Industries and Regional Development (DPIRD). However, as a local government authority, Council may also play an important role as a conduit between the community and other government agencies. This includes helping to coordinate communication, supporting public awareness, and ensuring community concerns are directed to the appropriate bodies. Effective fire ant management depends not only on legal responsibilities being clear, but also on cooperation and timely information-sharing among all stakeholders.

BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy 5.1

Staff Reports - Sustainable Environment and Economy

Report No. 5.1 Brunswick Valley Landcare Support Officer quarterly report, April-June 2025

Directorate: Sustainable Environment and Economy

Report Author: Liz Caddick, Biodiversity Officer

File No: I2025/729

Summary:

This report tables the activities of the Landcare Support Officer including the quarterly reports: from 1 April – 31 May 2025.

RECOMMENDATION:

That the Biodiversity and Agricultural Advisory Committee notes the reports (Attachment 1 E2025/55702).

Attachments:

1 Brunswick Valley Landcare report - Apr-May 2025, E2025/55702 , page 19 ⇩

Report

Council provided an allocation of funds in the 2024/25 budget to continue to support the Brunswick Valley Landcare, Landcare Support Officer position for 1 day per week to deliver the Land for Wildlife Program and respond to customer enquiries.

Attached is the quarterly report for 1 April – 31 May 2025 (E2025/55702), from the Brunswick Valley Landcare Support Officer, for the Committee’s reference.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code			OP Activity
3: Nurtured Environment	3.2: Deliver initiatives and education programs to encourage protection of the environment	3.2.2: Environmental education and awareness - Coordinate and support environmental education to the community		3.2.2.1	Support Brunswick Valley Landcare to deliver the Land for Wildlife Program and biodiversity enquiries.

Recent Resolutions

N/A

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

Funding allocated in 2024/25 budget.

Consultation and Engagement

N/A

BYRON SHIRE COUNCIL

For Information Only 7.1

Report No. 7.1 Presentation on current Council bush regeneration work

Directorate: Sustainable Environment and Economy

Report Author: Liz Caddick, Biodiversity Officer

File No: I2025/757

Summary:

Council’s Bush Regeneration Team Leader, Dave Filipczyk will present an update on current bush regeneration work on Council land.

Report

Council currently owns 647 hectares of bushland areas, across 146 sites. Council’s Bush Regeneration are currently working on 450 hectares of this land, across 86 sites.

Sites are systematically prioritised for restoration, with those sites with higher ecological value being restored as the first priority. As sites are restored to ‘maintenance level’ and require less intensive management, the team is able to move on and start working on other sites.

The Bush Regeneration Team comprises 4 staff, plus local professional contractors when funds allow.

Dave Filipczyk from the Bush Regeneration Team will update the Committee on what areas are currently being managed and how the team works.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
3: Nurtured Environment	3.1: Partner to nurture and enhance biodiversity, ecosystems, and ecology	3.1.3: Habitat restoration - Restore degraded areas that provide high environmental or community value	3.1.3.4	Continue progressing the 'Bringing Back the Bruns' river restoration initiative
3: Nurtured Environment	3.1: Partner to nurture and enhance biodiversity, ecosystems, and ecology	3.1.3: Habitat restoration - Restore degraded areas that provide high environmental or community value	3.1.3.6	Undertake bush regeneration activities to maintain and expand restoration of HEV sites on Council owned or managed lands forming part of the Council bush regeneration program

Recent Resolutions

N/A

Legal/Statutory/Policy Considerations

N/A

Financial Considerations

The Bush Regeneration program has an annual operating budget of $478,000, of which $220,000 is funded from the utilities budget for management of land adjacent to utilities sites (e.g. Vallances Rd and West Byron STP), and $258,000 from the environmental levy.

These funds are supplemented by grant funding when available. The Bush Regeneration and Biodiversity teams regularly partner to seek grant funding for restoration of public and private land.

Consultation and Engagement

N/A

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 19 June 2025
Time	4:30 PM