Agenda of Transport and Infrastructure 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

Staff Reports - Infrastructure Services 4.1

Staff Reports - Infrastructure Services

Report No. 4.1 Resignation of Transport and Infrastructure Committee Memeber

Directorate: Infrastructure Services

Report Author: Chloe Woods, Acting Executive Assistant Infrastructure Services

File No: I2025/649

Summary:

Council has received a letter of resignation dated 17 April 2025 from Katherine O’Regan resigning from her role as a Community Representative on the Infrastructure and Transport Advisory Committee. The resignation is a result of family commitments and being unable to fulfill the role.

RECOMMENDATION:

That the Committee recommends that Council accepts the resignation of Katherine O’Regan from the Infrastructure and Transport Advisory Committee effective 17 April 2025 due to being unable to fulfill the commitment of being a community representative on the committee.

Report

The Administration Officer for Infrastructure Services received an email of resignation dated 17 April 2025 from Katherin O’Regan in respect to her role as a Community Representative on the Infrastructure and Transport Advisory Committee (TIAC).

Ms O’Regan was endorsed, by way of Council Resolution (Res 24-619), as a Community Representative on the Infrastructure and Transport Advisory Committee on 12 December 2024.

Ms O’Regan expressed that she will be unable to fulfill the commitments of being a Community Representative on the TIAC due to family commitments.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy	DP Action	Code	OP Activity
1: Effective Leadership	1.2: Engage and involve community in decision making	1.2.4: Advisory Committees - Coordinate advisory committees to inform decision making on their areas of expertise	1.2.4.1	Coordinate and support Advisory Committees to assist with effective Council decision making

Recent Resolutions

· 2024-619

Legal/Statutory/Policy Considerations

Each Advisory Committee operates under an adopted Terms of Reference and Council’s Code of Meeting Practice.

Financial Considerations

The community representatives on Advisory Committees are volunteer representatives.

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.2

Report No. 4.2 Infrastructure Recovery Update

Directorate: Infrastructure Services

Report Author: Phil Warner, Manager Assets and Major Projects

File No: I2025/843

Summary:

The purpose of this report is to provide the Committee with an update on the delivery of Infrastructure Recovery for AGRN1012 across three geographic Areas (North, West & South) with a total of 20 Programs/ projects.

RECOMMENDATION:

That the Infrastructure Recovery Update is noted by the Committee.

Report

Purpose: To provide an update on the delivery of Infrastructure Recovery for AGRN1012 across three geographic Areas (North, West & South) with a total of 20 Programs/ projects.

Information/Background:

Summary

There are 41 approved Essential Public Asset Restorations (EPARs).

- 4 EPAR’s (1, 3, 8 and 43) complete, closed and paid.

- 4 EPAR’S (2, 10, 41 and 44) are completed and awaiting final funding letters.

- 1 EPAR (16) is complete and in defects liability period. Closure will occur in March 2026.

The remaining 32 EPAR’s are divided into 20 programs/ projects and are variously in the four stages of project delivery:

- Project Initiation / On Hold – 3

- Project Investigation – 6

- Project Implementation – 8

- Project Finalisation – 3

As project delivery advances and more programs reach implementation, there will be less change in stage status because of the multi EPAR status of the majority of the 20 programs.

Some EPAR’s will be completed within a program but the program will be considered in implementation until all EPAR’s are completed. An example is Program 8 - Johnsons Road where EPAR 41 has been completed but the landslips associated with EPARs 28 & 32 are yet to be remediated.

A summary of the status of the programs is as follows:

Program	Initiation	Investigation	Implementation	Finalisation
*North Area*
1 Main Arm (5a,5b,9,31)			*
2 Left Bank (15,32,35)			*
3 The Pocket (15,29,30)	*
4 Tristran Pde (19)	*
5 Coopers Lane (24)		*
6 Sherry’s Bridge (10)				*
7 Mullum Road (11 + B)		*
*West Area*
8 Johnsons (28,32,41)			*
9 Wanganui (7,14,31,39)		*
10 Huonbrook (20,21,22,23,28,34)			*
11 Upper Wilsons (6)		*
12 Wilsons Ck (12a,12b,15,17,18,27,31)			*
*South Area*
13 Coopers Ck (15,17,38)		*
14 L/slips South (14,15,17,18,31,32)	*
15 Beatties Ck (8)				*
16 Coopers St (25)		*
*Multi Area*
17 Minor L/slips (13)			*
18 Gravel Rds (26,44)			*
19 Bridge G/rail (4)			*
20 Federal Drive (16)				*

Delivery of the AGRN 1012 program is currently on schedule with the critical path associated with the delivery of the western area (Wilsons Creek catchment). Completion is scheduled for early 2028.

Liaison with TfNSW is ongoing with the progression of time and scope variations and payment claims.

The NSW Reconstruction Authority (RA) has advised that they are working to centralise the administration, oversight and assessment of EPARs, including funding for Emergency Works (EW) and Immediate Reconstruction Works (IRW), within the RA from 1 October 2025.

While Transport for New South Wales (TfNSW) and NSW Public Works (NSWPW) will continue to support Council teams with their engineering and technical expertise, RA will manage EPAR, EW and IRW claims, assessment and funding.

Key Outcomes achieved to date

$16.7M of completed Emergency Works (including the Williams Bridge Abutments)

$1.8M of completed Immediate Repair Works

Replacement of Englishes Bridge ($1.8M)

Federal Drive Landslip Remediation ($20M)

Beaties Creek Road Causeway repairs ($26K)

Sherry’s Bridge Main Arm repairs ($145K)

Johnsons Road causeways and culverts replacement ($410K)

Gavel Road repairs ($960K)

Pavement replacement on Main Arm Road between Dry Creek Road and Motts Road

Establishment of the Myocum spoil processing site with EPA approval

Key Works scheduled for the next 6 months

- Major works on Wilsons Creek Road including:

Design of 12 soil nail landslip remediations in the west area (Wilsons Creek)

Completion of guardrail replacement Jubilee Ave Mullumbimby using CrocGuard.

Completion of a critical landslip remediation on Left Bank Road.

Completion of seven minor landslip remediations on Goonengerry Road, Main Arm Road, The Pocket Road, Left bank Road and Frasers Roaad.

Mullumbimby road pavement replacement and repairs

Gabion Basket landslip remediation on Main Arm Road

In addition to construction works, many project investigations will be progressed including survey, environmental assessment, geotechnical, geomorphic and services location.

The following are some images associated with completed and proposed works.

Sherry’s Bridge Abutment Repairs

Federal Drive Landslip Remediation

Johnsons Road Upper Causeway Replacement

Williams Bridge (Main Arm Road) post disaster

Williams Bridge (Main Arm Road) after abutment replacement

Keyes Bridge Guardrail replacement

Englishes Bridge Replacement

Croc Guard Guardrail proposed for Jubilee Avenue, Mullumbimby

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective		CSP Strategy		DP Action		Code		OP Activity
4: Ethical Growth	4.5: Support a resilient community that can adapt and respond to change		4.5.2: Recovery - Support disaster recovery following the 2022 flood events		4.5.2.5		Develop, implement and maintain a program for natural disaster impacted infrastructure recovery works

Recent Resolutions

· Res 24-561 Expression of Interest – Panel of Contractors for Infrastructure Recovery Program.

· Res 25-114 General Managers Delegation to Award Tenders

Legal/Statutory/Policy Considerations

Council considered a confidential report at the 12 June meeting regarding - Negotiations to dispose of and acquire land interests for EPAR Works for AGRN1012 2022 NSW Severe Weather and Flooding Event

Financial Considerations

AGRN1012 has total approved funding of $163M.

Expenditure to date is $54M with $109M remaining including contingency.

The remaining work will be completed by 31 March 2028.

Consultation and Engagement

The Infrastructure Recovery team holds regular meetings with community representatives from Main Arm and Wilsons Creek.

In addition, there is regular updates provided to the Community Resilience Network meetings.

BYRON SHIRE COUNCIL

For Information Only 6.1

For Information Only

Report No. 6.1 Road Safety Presentation

Directorate: Infrastructure Services

Report Author: Ben Taylor, Traffic and Transport Engineer

Euan Rose, Infrastucture Planning Coordinator

File No: I2025/861

Summary:

Council staff, along with external representatives from Transport for NSW (TfNSW), have prepared a Road Safety presentation at the request of member Anthony Stante.

Report

At the request of Transport and Infrastructure Advisory Committee member Anthony Stante, Council staff, in collaboration with representatives from Transport for NSW (TfNSW), have developed a Road Safety presentation.

The purpose of this report and presentation is to provide an overview of current traffic safety conditions within the Byron Shire Road network. It also aims to address key questions raised by stakeholders and explore potential strategies to improve road safety outcomes.

1. Current Road Safety Initiatives and Programs

Byron Shire Council is actively implementing a range of road safety initiatives aligned with the Community Objectives of providing safe, accessible, and reliable transport infrastructure. These include:

· Designing Safer Roads: Incorporating traffic calming measures (e.g., chicanes, pedestrian refuges), improved signage, and road alignments that enhance visibility and reduce crash risk

· Speed Management: Use of Vehicle Activated Speed (VAS) signs and community-led initiatives like “Slow Down” bin stickers to reduce speeding in residential areas.

· Pedestrian Safety Campaigns: Participation in the “Look Out Before You Step Out” campaign, including footpath decals at crossings to raise awareness

· E-bike and Drink Driving Awareness: Targeted education campaigns to address high rates of alcohol-related crashes in the region.

· Infrastructure Upgrades: Projects under the Fixing Local Roads Program, such as upgrades to Koonyum Range Road, Grays Lane, and Seven Mile Beach Road

2. Participation in the Local Government Road Safety Program (1992)

Council continues to participate in the Local Government Road Safety Program (LGRSP) by:

· Continue employing a dedicated Road Safety Officer.

· Collaborating with Transport for NSW (TfNSW) and NSW Police on localised safety campaigns.

· Using crash data and community feedback to inform local safety priorities and interventions.

3. Engagement with NSW Government Road Safety Initiatives

Council supports and implements key elements of the TfNSW Road Safety Program 2023/24–2025/26, including:

· Safe System approach: Addressing Road user behaviour, vehicle safety, and road infrastructure.

· Council staff undertaking training on TfNSW Movement and Place metho

· Regional Road Safety Infrastructure (RRSI) Program: Seeking funding for high-risk rural roads.

· Community Road Safety Grants: Delivering localised education and awareness campaigns.

4. TfNSW Support and Recommendations for Improvement

TfNSW supports Council through:

· Funding programs (e.g., Fixing Local Roads, RRSI).

· Technical guidance on speed zoning, signage, and crash analysis.

· Data sharing (e.g., crash statistics, traffic volumes).

Recommendations for improved support:

· Streamlined application processes for funding.

· Increased flexibility in funding criteria to address hinterland road safety.

· More frequent regional workshops and training for Council staff.

5. Funding Application Process

The process for applying for TfNSW Road Safety funding typically involves:

1. Identifying high-risk locations using crash data and community reports.

2. Developing project proposals with cost estimates and safety justifications.

3. Submitting applications through the TfNSW online portal during funding rounds.

4. Assessment and feedback from TfNSW before funding decisions are made.

6. Limited Funding for Hinterland Roads

Recent funding allocations for road safety programs have prioritised urban and coastal routes with higher traffic volumes. However, hinterland connector roads, despite being critical for local connectivity, often fall outside the eligibility criteria due to:

· Lower recorded crash volumes (despite anecdotal risk).

· Limited data on night-time driving hazards and road edge conditions.

· Council is advocating for revised criteria that better reflect the unique risks of rural roads.

7. Involvement of Local MP Tamara Smith

The Office of MP Tamara Smith has supported Council initiatives by:

· Endorsing funding applications.

· Raising regional road safety concerns in Parliament.

Opportunities for greater involvement:

· Hosting joint forums with TfNSW and Council.

· Advocating for increased rural road funding.

· Supporting legislative changes to improve rural road safety standards.

8. Monitoring Road Safety Standards

Council monitors road safety through:

· Reactive reporting from the community.

· Ad hoc inspections by Council officers.

· Speed zone reviews in collaboration with TfNSW.

Night time audit:

Council has an inspections officer that undertakes regular inspections of the road network. The frequency of the inspection varies depending on the road hierarchy. The most recent roads audited included:

· Mullum Town

· Byron CBD

· Mullum Road

· Cool Scenic Dr North

· Pocket Road

· Main Arm Road

· Motts Road

· Cool Scenic Dr South

· Coorbell Road

· Goonengerry Road

· Part of Federal Drive

Ewingsdale Road Findings of inspection:

· More guideposts could be installed on all roads. Some roads are higher priorities than others and therefore this should help direct limited funding.

· Some guardrails require replacement reflectors

· Centreline marking was considered when driving to be more effective that guideposts in terms of road delineation at night. There are many sections of road that could have centreline marking installed where width permits however have never been line marked likely due to limited funding.

· There were a couple of old lights in Byron that have been confirmed that they could be removed, and a couple of others staff need to investigate for possible removal.

· Several lanterns were identified as requiring replacement – including ped crossing near St Johns Mullumbimby, Carparks near Main Beach, Broken Head Road, Byron CBD.

· Ops will trial the installation of RRPMs on causeways on Main Arm Road. RRPMs are not intended to replace guideposts but rather complement them. The RRPMs are considered to be the last line of defence as guidepost require constant replacement and Council at times are unable to replace as frequently as required.

9. Need for a Road Maintenance Plan (RMP)

Typically, councils operate with an RMP that includes:

· Scheduled inspections (e.g., quarterly or after major weather events).

· Risk-based prioritisation of defects (e.g., potholes, signage, pavement drop-offs).

· Timeframes for rectification based on severity.

Council are working to improve road asset inspections scheds and investigating new tech to assist. Asset management plan (asset risk management procedure)

Council has a risk Transport Management Procedure which defines response times to inspect and repair defects based on a risk ranking. The document requires review to algin with current Council strategic goals.

10. Role of the Local Traffic Committee (LTC)

The LTC, which includes representatives from NSW Police, TfNSW, and the Local MP’s Office, plays a key role in:

· Reviewing proposed road safety projects.

· Endorsing changes to traffic controls and speed zones.

· Providing a forum for discussing NSW Government initiatives.

Opportunity: Formalise a “for information only” agenda item in LTC meetings to track progress on NSW Road Safety Programs and align with Community Objectives.

Strategic Considerations

Community Strategic Plan and Operational Plan

CSP Objective	CSP Strategy		DP Action		Code		OP Activity
5: Connected Infrastructure		5.1: Provide a safe, reliable, and accessible transport network		5.1.2: Road renewal and upgrades - Deliver road renewal and upgrade capital works program		5.1.2.24		Deliver annual Local area traffic management facilities works program

Recent Resolutions

Not Applicable.

Legal/Statutory/Policy Considerations

Not Applicable.

Financial Considerations

Not Applicable.

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 19 June 2025
Time	9:00 AM